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HomeMy WebLinkAbout2024-08-14 CC Packet CITY OF CENTERVILLE CITY COUNCIL MEETING AGENDA Wednesday, August 14, 2024 6:30 p.m. Centerville Elementary School 1721 Westview Street Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ COUNCIL MEETING I.CALL TO ORDER 1.Roll Call II.PLEDGE OF ALLEGIANCE III.APPROVAL OF AGENDA IV.APPOINTMENTS & PRESENTATIONS V.PUBLIC HEARINGS 1.Interim Ordinance – Moratorium on PUDs in M-1 & M-2 VI.APPROVAL OF MINUTES 1.July 10, 2024 City Council Work Session & Meeting Minutes VII.CONSENT AGENDA 1.City of Centerville Claims through August 14, 2024 (Checks #36916-36948) 2.Centennial Lakes Police Department Claims through August 8, 2024 (Checks #15330- 15355, E2024059-E2024063 & Payroll Check #15324-15329) 3.Centennial Fire District Claims through August 14, 2024 (Checks #9748-9761) 4.Appointment of Parks and Recreation Committee Member – Deanna Loomis th 5.Special Event Permit – Hay Creek Entertainment, Inc. – Company Picnic (7129-20Ave.) 6.Service Agreement – Corrpro Companies, Inc. – Water Storage Tank Cathodic Protection 7.Park Facility Permit – Curt Rivard – Kite Flying Event VIII.OLD BUSINESS 1.None IX.NEW BUSINESS 1.Interim Ordinance #XXX Moratorium on PUDs in the M-1 & M-2 Zoning Districts 2. Master Services Agreement and Statement of Work – Cybersecurity Forensic Consulting – Arete/McDonnald Hopkins LLC X. STAFF AND COUNCIL REPORTS 1. Administrator’s Report 2. Council Reports a) Taylor (i) Economic Development Authority b) Koski (i)Planning and Zoning Commission (ii)Fire Steering Committee c)Sweeney (i)Parks and Recreation Committee (ii)Fire Steering Committee (iii) Anoka County Fire Protection Council d) Mosher (i) Economic Development Authority (ii) Police Governing Board e) Love (i) North Metro Telecommunications Commission (ii) Police Governing Board (iii) Other Mayor Reports XI. ADJOURNMENT INFORMATIONAL MATERIALS None MEETING REMINDERS All meetings begin at 6:30 PM in City Council Chambers unless otherwise noted. 8/21/24EDA (5:30 PM) 8/28/24City Council (5:00 Work Session) 9/3/24 P&Z Commission 9/4/24 P&R Committee CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 14, 2024 Legal / Planning & Zoning V.1 TITLE OF ISSUE: Interim Ordinance - Moratorium in M1&M2 Zoning Districts During Revisions to Downtown Master Plan, et. al BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see attached memo and sample ordinances COST AND SOURCE(S) OF FUNDING: Nominal costs for public hearing publication. Costs for Study of Downtown Master Plan, etc. TBD REQUESTED COUNCIL ACTION: Open the Public Hearing, take public comment and close the public hearing. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ x Vote Record: Aye Nay _____ Staff memo Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Sweeney _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING The City of Centerville City Council will hold a public hearing on Wednesday, August 14, 2024, at the Centerville City Hall, 1880 Main Street in the Council Chambers beginning at 6:30 p.m. or shortly thereafter on the following matter: To consider placing a moratorium temporarily prohibiting the acceptance/consideration of Planned Unit Development(s) within the M-1 (Mixed Use District) and M-2 Zoning Districts (Mixed Use Neighborhood District). The moratorium would allow review of existing guiding documents, (City Code, Downtown Master Plan, Comprehensive Plan, etc.) as they relate to Downtown redevelopment. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m., August 7, 2024. All persons interested are invited to attend and to be heard or may submit in writing their concerns. You may contact the City ClerkÓs office at (651) 792-7933 or by facsimile (651) 429-8629 if you need additional information. Published in the Quad Community Press July 30, 2024. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission was held in Council Chambers on Tuesday, June 4, 2024, at 6:30 p.m. I. CALL TO ORDER Chair Krueger called the regular meeting to order at 6:37p.m. 1. Roll Call Present: Commissioner Richard Nelson Not Approved Commissioner Dawn Kalina Vice-Chair Darrell (DJ) Olson, Jr. Chair Jon Krueger Commissioner Matthew McCabe Commissioner Jeannie Seppala Commissioner Bruce Thompson Absent: None Staff: City Administrator, Mark Statz Assistant City Administrator, Athanasia Lewis Consulting Planner, Phil Carlson Attorney, Kurt Glaser Council Council Member Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA The agenda was approved as presented. Motion by Commissioner Thompson seconded by Commissioner Kalina to Approve the Agenda. All in favor. Motion carried. IV. PUBLIC HEARING (6:30 PM or shortly thereafter) 1. Chapter 157: Erosion Control Î Minimum Control Measures (MCM) Ordinance to be in compliance with Construction Stormwater Requirements for Erosion, Sediment, and Waste Controls. Administrator Statz introduced this item as presented in the packet, noting that requirements in new legislation have changed. He suggested swapping the existing Chapter 157: Erosion Control Measures with a new ordinance suggested from the Minnesota Pollution Control Agency (MPCA). Chair Krueger opened the public hearing at 6:34p.m. There were no public comments. Page 1 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Motion by Commissioner Kalina seconded by Commissioner Olson to close the public hearing. All in favor. Motion carried. The public hearing was closed at 6:35p.m. V. AWARDS, PRESENTATIONS, APPEARANES 1. None VI. OLD BUSINESS 1. LaLonde First Addition a. Preliminary Plat b. Conditional Use Permit for Planned Unit Development Administrator Statz introduced this item, and asked the developer to explain the changes they made since the public hearing in May. Presentation by Developers Marcus Ebert with Ebert Construction thanked the Commission for having them back and explained that they listened to the feedback from the May public hearing and incorporated some of the requested changes. Notable changes: 1. The west portion (shown in orange) on the north leg of the building has been moved on the west side of the south leg of the building, thereby lowering the height as viewed from the west quite a bit. 2. Two units were then removed from the third floor at the west end of the south leg to give the building a softer appeal. 3. A combination of a fence with arborvitae is proposed to draw a hard line between the property and the school from a safety perspective. Questions from the Commission Commissioner Nelson asked about garbage and the ability of the trucks to turn around. Jacob Budenski, with Ebert Construction, reviewed the location of the dumpster caddy on the plan and reviewed options for trash removal. Commissioner Seppala asked if the dumpster caddy was big enough for 300 residents. Mr. Budenski noted that there would be two or three dumpsters (trash and recycling) and the size is sufficient. Commissioner Thompson asked what the trash enclosure would look like. Mr. Budenski noted that there would be a fence around the dumpster. The fence does not match the fence around the property, but he noted that that fence could be any color. Commissioner Kalina asked why there are gaps in the fence on the north side. Mr. Budenski stated that it is for the arborvitae. The Commission expressed preference for a continuous fence. Mr. Ebert said that would not be a problem. Commissioner Seppala asked about the noise from the garbage haulers backing up. She also asked if the city code allows garbage bins to be placed on the street. Administrator Statz noted that the trash needs to be hidden from public view, adding that he doesnÓt know that it would be a problem for a couple hours. Page 2 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Commissioner Kalina asked where moving vans would unload. Mr. Budenski noted the primary location, which is at the main entrance. Commissioner McCabe asked if the times are staggered with several people moving in at once and Mr. Ebert explained that they do that when needed. Commissioner Seppala asked for clarification on the number of parking spaces with 2 units being removed. Mr. Budenski noted that the parking ratio is the same. Commissioner Kalina asked if a fire truck would park on the north end and the developer said yes. Administrator Statz noted that the Fire Marshall discussed the project with the developer and made modifications in the northwest to accommodate access to the northwest corner of the building. The Fire Marshall is comfortable with staging vehicles for adequate coverage for the entire building. Originally the plan only had access to the south and east sides of the building. Commissioner Kalina asked about the number of people that would be permitted in the units. Mr. Ebert noted that it would be 2-4 people for a two bedroom. Chair Krueger asked if these restrictions would be done in the leases and the developer said yes and there would be background checks. Mr. Budenski added that all people living in a unit need to be listed on the lease. Commissioner Kalina asked about temporary stays and Mr. Ebert noted that the one-off scenarios would be impossible to predict, but there would be a full-time person on staff who would monitor and bring situation(s), as needed, to their attention. The property manager and other staff would be monitoring the premises. Presentation by Administrator Statz (summary) Administrator Statz reviewed his slides as presented in the packet. A summary of the slides follows. Slide 1 Î Land Use The proposed use is a residential use with a density between 12 and 45 units/acre. Slide 2 Î Preliminary Plat The developer has proposed a two-lot plat to qualify for Tax Increment Financing (TIF) should the city elect to offer it. Administrator Statz noted that there have been some questions about the shape of the lot proposal, noting that the city does not get to draw the lines, the developer does, and the city evaluates whether those lots meet the requirements laid out in the code. Administrator Statz explained that both lots meet the requirements in the code. He added that just because the Commission feels the proposal does not need two lots is not a reason to deny the plat; there would need to be an issue with public health or safety, such as one access to a public street on a curve. Commissioner Seppala stated that information about the two lots being split to qualify for TIF was not disclosed as she did not find it anywhere in the materials for the Planning and Zoning Commission, adding that she found it when she was reading her water bill. Administrator Statz reviewed criteria for parcel(s) to qualify for TIF, noting that our financial consultants confirmed that splitting lots for TIF consideration is common. Commissioner Seppala asked about needing to address the Planning and Zoning Commission to explain a reason for a lot split, and Administrator Statz noted that a reason is not necessary because the Commission would be reviewing the plat. Administrator Statz added that part of the disclosure process, when issuing a public notice, was disclosing that the lot split was in preparation for an apartment. Page 3 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Attorney Glaser added that the city has a legal duty to approve a lot split if the applicant meets whatever criteria applies, and as a city, we do not have to have a reason or duty to ask. Attorney Glaser added that private landowners have rights to do with their property whatever the law allows them to do and that itÓs our job as a city to effectuate that, and in this case, thatÓs exactly what the situation is. The applicant wants to split the lot and take advantage of the TIF tools, and the way they decided to do it qualifies under the city rules, therefore we must let him do it. Slide 3 Î Density The proposed density meets the Zoning Code. Administrator Statz said stated that the code was recently changed to align with the Master Plan and Downtown Master Plan, adding that we were quite open about that. We had a public hearing and there was one person that commented. It was explained why we were doing it, adding that because we knew there was a proposal, and in reviewing it and others that we have received or talked about with developers previously, we understood that density was appropriate for the scale and size of the buildings that were contemplated in the downtown master plan for this district. Slide 4 Î Building Height Administrator Statz reviewed the definition of building height, which is the vertical distance from the average elevation of the finished grade at the front of the building, to the highest point of the roof for flat roofs. He noted that no structures or buildings may be erected to a height exceeding 35 feet without the issuance of a conditional use permit (CUP). He reviewed (city code 156.121) provisions for increases to building height with a CUP. Administrator Statz noted that a conditional use permit is allowed with reasonable conditions. He added that all development in this district is done through a conditional use permit and planned unit development and that in the staffÓs view, this building meets the definition of height requirements in the city code. Commissioner Thompson asked if the Commission could deny a conditional use permit on the height of a building. Administrator Statz stated that they could not deny a conditional use permit if the building meets the conditions. Commissioner Thompson asked a few clarifying questions about conditional use permits and Administrator Statz explained that conditional uses can have reasonable conditions allowed and planned unit developments are allowed. Commissioner Kalina asked who issues a conditional use permit. Administrator Statz explained that the Planning Commission issues a recommendation to council and council approves it. Commissioner Seppala asked about the Stantec analysis that says the height of the proposed building would be at least 35 feet as defined in the Centerville Zoning Code but would appear 48 feet in height on the north side due to the ground level, on the northwest corner of the buildings. Administrator Statz explained that the Stantec memo has three different options for the Planning and Zoning Commission to consider: one for approval, another one is for approval with enhanced conditions, and one is for denial. Since staff heard a mix of options, they prepared three options. Page 4 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Discussion ensued about the building height. The City of Centerville Code height is based on the east elevation. Some codes will take into consideration the entire perimeter of the building. Administrator Statz noted that the developer has made efforts to soften the height. Slide 5 Î Parking Administrator Statz reviewed this slide, highlighting the number of parking spaces required per code, and explaining that a conditional use permit may be granted to provide fewer parking spaces when it is clearly demonstrated by the applicant that the use will not require the number of spaces indicated. Administrator Statz also explained a condition for proof of parking, whereby the land being held in a landscape reserve in the event the use or parking needs change could be used. He added that he thinks proof of parking is a nice way of ensuring that there are no issues with parking overflowing into the school and/or streets. Administrator Statz also mentioned that the conditional use permit has further restrictions, which allow the city to restrict the number of units being rented if parking were to become a problem. Commission Kalina asked if the developer would be charging for parking and the developer responded that they are. Administrator Statz reviewed his slide on parking ratios, also showing ratios on similar projects in Farmington and Delano. Commissioner Seppala asked if the other communities had a land-locked issue like we do. Mr. Ebert explained that Delano is more like Centerville and there have not been reports of problems there. Commissioner Kalina asked if their code allows for on-street parking. Mr. Ebert and his colleague confirmed there have not been any problems reported and that driving by every night on the way home (for 2 years) the parking lot has not been full. Commissioner McCabe asked about parking conditions to gain a better understanding of the similarities with the Delano project. Commissioner Olson asked if anyone has looked at what the project would look like if the site had parking requirements of 2:1. Mr. Ebert said they are looking at proof of parking. Administrator Statz pointed out that there are several bills that were introduced at the legislature and got hearings at committees. One bill was about parking. Another was termed the missing middle, where restrictions were placed on planning commissionsÓ ability to regulate development in terms of lot size, size of buildings, preempting local zoning authority. Administrator Statz noted that there is a narrative out there that cities are overregulating things like parking, causing the price of housing to skyrocket and if we could eliminate then we would have affordable housing. He added that the council opposed those legislative actions by writing letters stating that we value this board and their discretion on these issues and that we trust they will make discretionary choices. Further, Administrator Statz said that if the bills had passed, this would have taken away local authority to decide on how much parking is allowed and it would have disallowed public hearings. In addition, construction of duplexes, triplexes (up to eight plexuses with no restriction on additional parking, utility connections, etc. would have been allowed). City Planner Phil Carlson added that he is seeing many projects in suburban locations being built to a 1.6 standard, adding that parking minimums are way too high. Page 5 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Slide 6- Proximity to Elementary School Administrator Statz noted that there is nothing within the cityÓs zoning code specifically disallowing a multi-family building in the vicinity of a school, adding that the Centerville Elementary School playground and ballfields are surrounded by homes with porches, decks and rear windows with views of these areas. This development would be similar with a limited number of units with these views. Administrator Statz asked the Commission for clarification on why it makes sense to eliminate balconies when the views are like the ones that homeowners surrounding the school have. Commissioner Seppala noted the difference in sight line from the balconies. Commissioner Seppala, referencing the balconies on the east side of the building, asked how preventing people from drinking intoxicating beverages and vaping would be regulated since per city code you canÓt drink intoxicating beverages in sight of the elementary school or children. Commissioner Thompson noted that there is a bar across the street in view of children and Chair Krueger noted that there is an apartment building with 14-15 units in the school parking lot. City Attorney Glaser noted that law enforcement is trained to use discretion and that maybe the first time someone received a warning and is asked to quiet down, and the next time may result in a violation. Attorney Glaser stated that the law would be enforced the same whether itÓs in the apartments or Lakeland Hills. Commissioner Kalina asked if there were anything in the apartment lease that would prevent residents from drinking or having a cocktail on their balcony. Mr. Ebert said there is no smoking but there is nothing prohibiting people from having a cocktail. Attorney Glaser noted that the city does not have a crime free rental ordinance, noting that this is one of those measures that you use for people who are getting out of control and that we have the regulation because it applies to everybody in town. Chair Krueger asked how big the balconies are. The developer said they would be about 5ft by 10ft. Slide 7 Î Crime Administrator Statz said that he does not see evidence in Centerville that a multi-family building creates more crime than a single-family home. He reviewed examples of single-family owner- occupied homes that have an overwhelming problem for our police department, noting that crime exists in a variety of different housing types, adding that we have crime at commercial sites. Administrator Statz noted that the top calls for service at this time include gas stations and assisted living facilities Î thatÓs whatÓs taxing our public safety right now. Administrator Statz stated that he does not have any evidence that shows that a multi-family development will cause more crime than any other type of development. Commissioner Nelson said that we did not have anything else in the city to compare with and that maybe we could look in Lexington at places that have had some problems. He said he feels like the medical calls we respond to are a routine part of doing business in the city. Commissioner Seppala asked if Commissioner Nelson was saying he wanted some analysis done on buildings of comparable size around us and Commissioner Nelson said he thinks itÓs worth looking into. Chair Krueger stated that he patrolled in Lexington for 27 years and he oversaw the crime free rental program. He added that as far as the police department is concerned the city of Lexington has multiple high rises and the one that causes a lot of problems (at first) is the Landings, which are lower income apartments, adding that the city of Lexington has done a lot to address the initial problems. Chair Page 6 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Krueger also said that the city of Lexington has a lot of other high-rise buildings (Ephesians and the Loft) and the calls for service there are low due to higher rents. Slide 8 - Screening Administrator Statz reviewed the slide, noting that the existing trees on the east of the property line will remain in place and offer some screening, as well as a fence and arborvitae on the east side of the property edge. Administrator Statz noted that the developer, as noted earlier, stated that they are open to an opaque fence along the north and east sides of the property of 6-8ft. City Planner Carlson added that one of the main reasons for a fence is to screen headlights. Slide 9 - Parks Administrator Statz reviewed the park fees that would be paid upon execution of the development agreement and is not refundable through TIF. The amount collected would be $312,000 and can be used to expand or add new equipment to our parks system (not eligible for use on maintenance). Discussion ensued about the retaining wall staying and what would happen to trees if the parking lot were to be extended. Administrator Statz explained that if there is no more room for trees due to added parking, the Commission could ask for tree replacement elsewhere or for a donation to the tree fund. Discussion ensued about requiring more trees of a certain caliper as a condition of proof of parking. City Planner Carlson added that a caliper of 2.5 in or 6ft evergreen is what is optimal for survival. Slide 10 Î Utilities Administrator Statz reviewed the slide, noting that the city utilities are sufficient to handle the development; he also explained how utilities fees can be used. Administrator Statz noted that connection fees paid to the city for water, sewer, and stormwater would be $435,000. The development will be fully paying users of these utilities (not refundable through TIF). Slide 11 Î Traffic Administrator Statz noted that the traffic study shows that the development does not degrade the function of any neighboring intersection, and he reviewed key findings of the study, which are outlined in his presentation. Commissioner Seppala stated that she does not see how the number of cars coming out of a one-way area and adding another 700 to the stub will not cause problems for traffic and/or safety; she showed a picture of several bikes at the school. Discussion ensued about traffic and traffic calming measures such as a roundabout or traffic signal. Administrator Statz noted that staff has talked to the county about this and that from his perspective (engineering) that a traffic signal light would be green most often and this would not be the case for a roundabout; he added that the county will make the decision. Administrator Statz added that traffic calming will be needed in the next few years regardless of if this development goes through or not. Commissioner Kalina asked how pedestrians cross at a roundabout and Administrator Statz explained. Commissioner Seppala asked about the misalignment of the parking lot, adding that she felt it would be a good thing. Administrator Statz explained they will probably do a radius reduction to give people more room to get out of the development and maybe widening of the driveway. Discussion ensued about the added trips and traffic added (phase 1 and phase 2 of the development). Administrator Statz reviewed the traffic study slides in his presentation. Slide 12 Î School Capacity Administrator Statz reviewed his slide, noting that the new students that would be coming from the development would not overburden the schools. Discussion ensued about the developerÓs market study, which shows there will be about 30% young professionals and about 20% young families or Page 7 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 single families and then 50% empty nesters. Commissioner Kalina asked how this information is collected, and the developer noted that this information is based on similar high end luxury buildings in suburban markets (like Delano). Administrator Statz added the Elementary SchoolÓs strategy for open enrollment is that as the population reaches its peak, they will drop open enrollees to ensure that people that live in Centerville will attend the elementary school. Commissioner Kalina asked what the average class size is, and Administrator Statz noted that he does not have the number but the limit to require hiring another teacher is not different here than in other areas. Slide 13 Î Architecture Administrator Statz reviewed his slide, noting historical elements from the old school, facades, architecture previously used downtown. Administrator Statz added that the proposed building substantially meets the requirements of the Downtown Master Plan, however, more detailed architectural plans will be required subject to review. Commissioner Olson asked what the developer will do to the northwest to hide the blank wall since the masterplan states that designs should minimize blank walls on public roadways. Administrator Statz noted that the first thing they did was take nine feet off. Mr. Budenski noted that in addition to reducing the size, they will screen with some type of greenery, and full windows (not real windows because the parking garage will be behind it). Commissioner Olson noted that there are other requirements in the Master Plan regarding materials that can be used. Administrator Statz noted that the detailed architectural plans would need to be reviewed by the Commission. Slide 14 Î Garbage and Snow Management Administrator Statz noted that since this was covered earlier, he will move forward to the next slide. Slide 15 Î Small Town Feel Administrator Statz reviewed his slide, noting that the Downtown Master Plan calls for both small town feel and high-density housing. He asked the Commission to consider how these two could co- exist. Commissioner Kalina asked for clarification on the front side of the building; she asked why the front is not the lake since thatÓs the desirable view. Administrator Statz noted that the code used to be different twenty years ago, but today it is considered the street side or yard (east). Discussion ensued about measurement and height. Chair Krueger asked if there were any other questions on anything before entertaining a motion. Since there were none, City Planner Carlson reviewed the three options: Approve with Conditions and Findings, Approve with Enhanced Conditions and Findings, or Denial. Mr. Carlson noted that the staff recommendations is option 1: Approve with Conditions, noting that there are twenty-one conditions and without reviewing each condition, the underlined ones are new thth from the May 7 meeting and the findings (also underlined) are based on the May 7 report. Mr. Carlson added that the twenty conditions and ten findings are what staff would recommend for this project. Mr. Carlson noted that the second option: approve with enhanced conditions, i.e., proof of parking, occupancy, balconies, etc. Mr. Carlson said that there really needs to be extraordinary reason to deny a conditional use; he added that either of the first two options are recommended from his view, noting that staff has provided material in case the Commission wanted to deny the plan. Page 8 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Commissioner Seppala asked Mr. Carlson some questions about city code 156.210 items b and c; she noted that the code says that all conditions for a CUP or IUP must be met for a PUD and wondered if preservation of unique natural resources of land an exception would be because tree removal and other activities associated with development would alter the natural landscape. Mr. Carlson noted that while this is a wonderful site, he would not consider these natural resources in the sense that the Grand Canyon is Î itÓs a residential property with some old trees. Commissioner Seppala asked about item c, Ðplanning and development proposal appears to harmonize with both existing and area surrounding the projectÑ and does a 4-story building harmonize with the school right next door or with the lake or the neighborhoods around it. Mr. Carlson said there is probably not one right answer, but the property to the north is about 200 feet from those homes Î itÓs not ten or twenty feet. Other homes are next to each other and there are also existing trees in the area, noting that the development certainly harmonizes reasonably. Mr. Carlson added that a school is a busy place during the day and a building next to it does not seem unreasonable or out of character. To the lake, the building is set back significantly; the other part of the clause is future proposals, and the intent of the downtown is that it will be built up with more intense dense development. Commissioner Seppala read aloud the definition of harmony, noting that she does not know how this development is compatible with the school, lake, or surrounding neighborhood, because it is not a visually pleasing combination, adding that it sticks out like a sore thumb. Mr. Carlson noted it falls in the area of judgement. Commissioner Seppala further added that the code says that all conditions must be met. Commissioner Seppala asked how we get past the Master Plan limiting buildings to three stories and the development is four. Mr. Carlson noted that with sloping site, it meets the criteria. Discussion ensued about a definition of ÐstoryÑ in terms of livable space. Discussion ensued about evaluating the project in terms of criteria that are currently in place. Discussion also ensued about changes to the density in the M2 district last year. Discussion ensued about internal inconsistencies in the Downtown Master Plan such as Ðlow to mid-rise housingÑ in the M2 district. Commissioner Thompson noted that the city has a Comprehensive Plan and Downtown Master Plan that says we want to grow downtown within the parameters of the planning documents, adding that then we go out to the development community and say this is what we want and then a developer comes in and tries to meet most of what we want. He added that if there are things that we want to change, like parking, the view to school, etc., the Commission can set conditions through the CUP. Further, Commissioner Thompson said that he is having trouble understanding why the Commission is having trouble moving this forward to the city council when the CommissionÓs role is to review the project against the city code and guiding document Î he added that the CommissionÓs role is not to consider political ramifications of rental housing versus home ownership TIF, etc. Commissioner Seppala said that the Commission needs to do due diligence and vet this for the Council, adding that they should point out the parking, height, contradictions in the Master Plan and the conditional use permit. Commissioner Thompson asked if the Commission wanted to point out the contradictions and pass this forward or deny it. Commissioner Seppala noted that she would make a motion to deny the LaLonde Property CUP for a PUD based on not conforming with zoning related to parking, related to height as outlined in the Stantec denial, that it conflicts with the Master Plan Î specifically the height and mass of the building do not protect the integrity of the surrounding residential neighborhoods. The design of the building is not consistent with the architectural design standards in the referenced Master Plan. The Master Plan limits projects to three stories, whereas, the proposed project would rise more than three level on the western north side, the conditional use permit 156.21 that it does not harmonize with the existing surroundings, for safety and the proximity to the Centerville Elementary School, and the Page 9 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 school children walking and playing, and that short stop, The Master Plan contradiction of downtown neighborhood and the cityÓs Comprehensive Plan, the LaLonde is incompatible and inappropriate for the scale and size of the project considering its proximity to the elementary school and adjacent single- family homes Î she noted that she would not go on. Motion by Commissioner Seppala, seconded by Commissioner Kalina to deny the LaLonde CUP for PUD for the reasons of parking, height, contradictions in the Master Plan, conditional use permit 156.21, the proximity to the Centerville Elementary School and safety of the school children and that short stop, Master Plan contradiction of downtown neighborhood and the cityÓs Comprehensive Plan, the LaLonde is incompatible and inappropriate for the scale and size of the project considering its proximity to the elementary school and adjacent single family homes. Discussion: Commissioner Thompson noted that a lot of the things cited are subjective and he thinks it exposes the city, but thatÓs something the city council will have to deal with. He stated that the issues with parking can be addressed by requiring proof of additional parking, but he thinks we would need to determine how much parking is needed. He added that if the Commission wants the developer to meet the city code of the two parking stalls per unit, then that becomes the norm, i.e., the standard for all developments as we move forward. He noted that the proximity to the school, thereÓs a whole bunch of other multifamily residential units that are near schools. The developers have also taken a step to try and mitigate the interaction with kids in this property through innovative screening, so he does not see that as a big issue. Commissioner Nelson asked how he felt about the small-town feel. Commissioner Thomoson noted that if we are going to grow from 4,000 to 5,000 people, there will be an impact on small town feel. Discussion ensued on who ÐweÑ is in wanting the city to grow to 5000. Commissioner Thompson clarified that the Commission, Council, and residents had the opportunity to prepare the documents that are currently in use Î if the Commission wants something different then they should consider that after a decision is made on this proposal. Commissioner Seppala noted that in addition to the city code, denial should be done because the Commission should listen to the residents. Commissioner Thompson reiterated that it is the CommissionÓs role to review the documents. Discussion ensued about the sentiment of the public comments, changing housing needs and adding apartments to the housing inventory. Chair Krueger noted that if this doesnÓt go through another use could be proposed, like a church and no taxes would be collected on that. Commissioner Olson noted that the project meets the code but that additional conditions can be added, so the Commission could push the developer to limit the north façade or to break the building apart to look smaller. Chair Krueger noted that the height meets the code, parking could be an issue, but he likes the proof of parking condition. Commissioner McCabe noted that the development meets in terms of height and that the superintendent of the schools has weighed in, the proximity of the school is no different than other residential homes, adding that there is an apartment building in the parking lot of the elementary school. Commissioner McCabe asked if the Commission could have a visual of what additional parking would look like, should they need it. Commissioner McCabe also stated that he was looking at something that was not subjective, something that was not open for interpretation as to why the proposal could be denied. Motion restated as: Motion by Commissioner Seppala, seconded by Commissioner Kalina to deny the LaLonde property CUP and PUD based on not confirming with zoning-related to parking, related to the height as outlined in the Stantec denial, it conflicts with the Master Plan, specifically the Page 10 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 height and mass of the building do not protect the integrity of the surrounding residential neighborhoods and the design of the building is not consistent with architectural design standards in the referenced Master Plan. The Master Plan limits projects to three stories, whereas the proposed project would rise more than three levels on the western north side. Paragraph 156.21 conditional use permit that it does not harmonize with the existing surroundings, talking about safety in proximity to the Centerville Elementary School for the school children playing. Number seven, the Master Plan denotes that the downtown neighborhood is reserved for mid-rise housing. The proposed project of three to four levels and over 40 feet in height does not fit this description. The cityÓs comprehensive plan policy has a goal to protect residential neighborhoods from incompatible and offensive uses and to identify areas appropriate for multifamily housing opportunities. The LaLonde property is incompatible and inappropriate for this scale and size of the project. Considering its proximity to the elementary school, and adjacent to single-family homes. The applicant has not presented enough information as to the public benefit of the PUD. The public benefits do not outweigh the relaxation of standards of being requested. And, lastly, the safety of people walking across Main Street. Commissioner Seppala yay, Commissioner Kalina Yay, Commissioner Nelson yay, Commissioner McCabe nay, Commissioner Thompson, Nay Commissioner Olson Nay, Commissioner Krueger, nay. Motion failed 4 to 3. A different motion was made to recommend approval of the Preliminary Plat and conditional use permit for a planned unit development with the findings outlined in the Stantec memo under the Enhanced Recommendations and Conditions Heading. Motion by Commissioner Thompson, seconded by Chair Krueger to recommend approval of the Preliminary Plat and conditional use permit for a planned unit development with the findings outlined in the staff memo and the Stantec Enhanced Recommendations and Conditions. Discussion ensued about lighting, height, materials, parking, garbage and recycling, screening, and the other conditions in the enhanced Stantec memo. Commissioner Seppala requested an amendment to have the building façade approved by the planning and zoning Commission in addition to the planner and engineer. Commissioner Thompson accepted this change. Commissioner Seppala requested an amendment to have the planning commission approve the final construction plans as they relate to luxury materials and luxury amenities. Commissioner Thompson accepted this change. Commissioner Seppala requested an amendment to for the height of the fence on the east side to be 6Ó and 8Óon the north side of the building. Commissioner Thompson accepted this change. Commissioner Seppala requested an amendment to the exterior conditions to include the apartment along with proof of parking. Commissioner Thompson accepted this change. Condition 11 was removed and substituted for condition 23 (proof of parking). Commissioner Nelson requested an amendment to include submission of a defined written snow removal plan. Commissioner Thompson accepted this change. Page 11 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Commissioner Olson requested an amendment to lower the building on the north side to be more to scale with residential properties. Commissioner Thompson rejected this change. Commissioner Kalina requested an amendment limiting occupancy in the apartments will be limited to two times the number of bedrooms in each unit. Commissioner Thompson accepted this change. Commissioner Seppala requested an amendment to include a ladder truck. Commissioner Thompson accepted this change. Commissioner Seppala requested an amendment to include submission of a demographic study. Commissioner Thompson accepted this change. Chair Krueger seconded all the accepted amendments. Commissioner McCabe aye, Commissioner Kalina aye, Commissioner Thompson Aye, Chair Krueger Aye. Commissioner Olson, Nay, Commissioner Seppala Nay, Commissioner Nelson Nay. Motion carried 4 to 3. Revised Enhanced Conditions adopted by the Planning Commission. The P&Z Commission passed a motion to recommend approval of the CUP/PUD and Preliminary st Plat for LaLonde 1 Addition with the conditions laid out in the Ðenhanced conditions version of the City PlannerÓs memo, which are listed below (red text signifies added conditions. 1) The design of the building façade will be revised to include additional details that evoke historic French-Canadian architecture, to be reviewed and approved by the City Planner and City Engineer and Planning Commission. 2) The lower level of the west façade of the building will be revised to include more architectural detailing instead of a blank decorative block wall, to be reviewed and approved by the City Planner and City Engineer and Planning Commission. 3) Due to concerns over the height of the building adjacent to the existing single family neighbors to the north, the north leg of the apartment building will be shortened by two units per floor and the westernmost two units on the upper floor will be removed, compared to the original design of three stories of apartments over parking. 4) Development Agreement - The applicant will enter into a development agreement for all aspects of site construction and engineering to be reviewed and approved by the City Engineer and City Attorney and City Council. 5) Final construction plans will be subject to review and approval from the City Engineer and the Planning Commission as it relates to luxury materials and luxury amenities. 6) Screening Ï The Subject Property shall provide a fence on the east (6Ô) and north sides (8Ô) of the property. sufficient height and length be maintained with sufficient screening or fencing to stop light from leaving the site from vehicles entering and exiting the parking lot and parking garage, and in a manner coordinated with the landscape plan. The fence on the east side of the property shall serve to screen the elementary school from the apartmentÔs surface parking lot. Page 12 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 7) Garbage Ï If garbage containers are stored on site they Garbage containers shall be screened from public view. Garbage hauling shall be coordinated to not interfere with school bus traffic from Centerville Elementary School. All garbage shall be contained within garbage containers designed for that purpose. The grounds of the subject property shall be maintained in a manner that is free from litter and garbage. A written Garbage and Recycling management plan shall be submitted for approval by the Planning Commission and shall include staging of the garbage containers at the street edge on Westview Street. 8) Exterior Conditions Ï The Subject Property shall be maintained in a neat and workmanlike order to include, but not limited to: a. The original landscape, grading, and lighting plans shall be maintained. b. Lawn, shrubbery, trees, and planting areas shall be maintained in conformity with City standards, and dead plantings shall be replaced. c. Painted surfaces shall be free from pealing, cracking, or fading. d. Pavement, curb, and sidewalk shall be free from potholes and major damage as so deemed by the City Engineer. e. Lane lines and markings for parking, driveways, and fire lanes shall be clearly visible by painting or marking. f. Exterior lighting shall function as designed and illuminate areas from dusk until dawn, and such light shall not pollute areas off of the subject property, including the apartment. 9) Snow Removal Ï Snow removal operations shall utilize snow storage locations only on the Subject Property or hauled off site in a manner that complies with local regulations. All fire lanes and means of fire access on the Subject Property shall be cleared of ice and snow within 24-hours from the end of snowfall. A written Snow Management Plan shall be submitted for review and approval by the Planning Commission. 10) Parking Ï Vehicle parking by residents and guests shall be confined to the parking areas on the Subject Property. No vehicles from the site shall park on public streets north of Main Street. If developmentÔs residents or guests are regularly utilizing area streets or other privately held parking lots for overflow parking, whether legal or illegal, the City reserves the right to make adjustments to the operation of the building and site to mitigate the issue until no off-site parking is being utilized. 11) Proof of parking shall be shown on a site plan to be reviewed and approved by the City Engineer that would provide the number of parking spaces required to obtain a 1.8:1 ratio. An escrow will be provided to the City for three years to allow construction of additional parking spaces if, in the opinion of the City Council, there are parking problems warranting additional parking on site. 12) No working on/repairing cars or other vehicles or equipment in the parking lot. 13) No oversized vehicles are allowed in the parking lot or taking up more than one space per vehicle. 14) Outside Storage Ï No Outside Storage, as defined by Ordinance, is permitted on the Subject Property other than customary furniture and equipment on the patio or on the individual unit balconies. Page 13 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 15) Construction-related traffic is prohibited from using Westview Street during drop-off and pickup times at Centerville Elementary School, to be coordinated with a written plan developed by the City Administrator, the school administration, and the contractor. 16) The parking lot and site plan layout included in the final plans will be subject to the review and approval of the Fire Chief, ensuring adequate space to maneuver public safety vehicles including a ladder truck. 17) Disturbances Prohibited Ï The Subject Property, or users thereof, shall not produce noise, vibrations, air pollution, light pollution, fire hazards, or noxious emissions which disturb, endanger, or offend neighboring properties or the public. 18) Public Nuisances Prohibited - The Subject Property, or users thereof, shall not create or maintain a public nuisance or disorderly conduct, as defined pursuant to the CityÔs Code of Ordinances or pursuant to State Law. a. The City deems it to be a public nuisance to smoke, vape, or drink intoxicating beverages within sight of the elementary school property or its students. Accordingly, these activities are not permitted on the east side of the apartment building. b. The City deems it to be a public nuisance to loiter in the vicinity of the elementary school or its students. Accordingly, loitering is not permitted on or from the subject property. c. The City deems it to be a public nuisance for conditions to exist on the subject property which cause the excessive use of law enforcement or emergency services. d. The City deems it to be a public nuisance for conditions to exist on the subject property which allow persons to cross Main Street to or from the west side of the subject property. 19) Permits - Landowner will follow the applicable standards and requirements of the City of Centerville City Code, Rice Creek Watershed District, Anoka County, Army Corp of Engineers, Federal Emergency Management Agency, Minnesota Department of Natural Resources, and any other agency having jurisdiction over the Subject Property. Landowner shall grant and allow access by city and other agency personnel to inspect the subject premises for compliance with the aforementioned Permits. 20)Legal Compliance Ï The Subject Property shall be kept in compliance with, and Landowner will obey all laws and regulation necessary to operate this building, and will obtain and maintain, in good standing, all licenses or permits necessary to operate this type of facility. 21) Apartment leases shall be no less than twelve months to provide more long-term residents and fewer transients. All leases will be with the apartment management company; no sub- leases will be permitted. 21) Balconies shall be constructed of wrought iron vs. aluminum or other material, in keeping the Downtown Master Plan preference for that material. 22) Due to concerns about overcrowding, occupancy in the apartment units will be limited to three two times the number of bedrooms in each unit. 23) Proof of parking shall be shown on a site plan to be reviewed and approved by the City Engineer and Planning Commission that would provide the required number of parking Page 14 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 spaces per city code (2:1). An escrow or other security will be provided to the City for three years to allow construction of additional parking spaces if, in the opinion of the City Council, there are parking problems warranting additional parking on site. Plus, the following conditions: Architectural Plans with a level of detail to show, at a minimum: o Elevation views of all 4 sides of the building, including material call-outs o Floor Plans of all 3 floors of residential living and the parking level These plans shall be reviewed and approved by the Planning Commission. The building shall be designed, constructed and maintained to include the list of amenities associated with the proposed Luxury Apartment as detailed in the developerÓs presentation to the Planning Commission at the Concept Review Stage. Administrator Statz noted that the City Council will review this recommendation, knowing that some of the items will be brought back to the Planning Commission for further review. VII. NEW BUSINESS 1. 2010 Fairview Street Î Use Review Î Caliber Collision (Auto Glass Replacement/Repair) Administrator Statz introduced this item as presented in the packet. Motion by Commissioner Olson, seconded by Chair Krueger to support the Zoning AdministratorÓs finding that the use is Ðclosely similarÑ to the Machine and Repair Shops (indoors); a permitted use on the Table of Allowed Uses in the City Code. All in favor. Motion carried. 2. Chapter 157: Erosion Control Î Minimum Control Measures for (MCM) Ordinance to be in Compliance with Construction Stormwater Requirements for Erosion, Sediment, and Waste Controls. Administrator Statz introduced this item as presented in the packet. Motion by Commissioner Olson, seconded by Chair Krueger to approve the replacement of Chapter 156: Erosion Control ordinance with the model ordinance. All in favor. Motion carried. VIII.APPROVAL OF MINUTES 1. May 7, 2024, Planning & Zoning Commission Meeting Minutes Administrator Statz introduced this item as presented in the packet, noting revisions to comments th . Mr. BriglÓs comments were expanded to provided by Tyler Brigl at the public hearing on May 7 include the last two paragraphs: Tyler Brigl, 1295 Mound Trail Mr. Brigl said that when he tells his friends he lives in Centerville they do not know where it is and thatÓs what a small town is and thatÓs what a small-town feel is. He stated that small towns do not have 104-unit apartment buildings. Mr. Brigl asked the Commission to look at the situation and the morality of it because community matters, and the community does not want this. Mr. Brigl also stated that things should be built on merit, so if the development goes through then make them build it on their own, without financial assistance because it is not right or fair for the community. Page 15 of 16 City of Centerville Planning and Zoning Commission June 4, 2024 Mr. BriglÓs statements include an example of making the developer pay for the project on their merit; he stated you take $2.5 million over 15 years, noting that first you divide by 15 and get about $166,000 and that would do a lot of good for our fire department, police, public services, and schools; Mr. Brigl added that the developers do not get a free ride. Mr. Brigl provided another example of what this would mean for the builder and operators, noting that $2.5 million over 15 years - taking $160,000 and dividing by 104 units is another $138 per month per unit. Mr. Brigl said that if that doesnÓt survive then they do not build; he added that all they would have to do for this luxury apartment is charge the market rate plus $138.00. Mr. Brigl also said that there should be no tax subsidy because itÓs not right or fair to the community and the Commission needs to say no. Motion by Commissioner Seppala, seconded by Commissioner Olson to approve the May 7, 2024, with the additional comments of Mr. Brigl. All in favor. Motion carried. IX. ANNOUNCEMENTS/UPDATES 1. Council Member Russ Koski Council Member Koski thanked staff for holding a breakfast for veterans and their families over the Memorial Day weekend. Council Member Koski thanked the Planning and Zoning Commission for the work they do, noting that the job is not easy Î if they didnÓt do it then the Council would need to meet much more often. 2. AdministratorÓs Report No Report given. X. ADJOURNMENT Motion by Commissioner Olson, seconded by Commissioner McCabe to adjourn the meeting at 10:32 p.m. All in favor. Motion carried. Page 16 of 16 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission was held in Council Chambers on Tuesday, July 9, 2024, at 6:30 p.m. I.CALL TO ORDER Chair Krueger called the regular meeting to order at 6:37p.m. 1. Roll Call Present: Commissioner Richard Nelson Not Approved Commissioner Dawn Kalina Commissioner Jon Krueger Commissioner Matthew McCabe Commissioner Jeannie Seppala Commissioner Bruce Thompson Absent: Vice-Chair Darrell (DJ) Olson Staff: City Administrator, Mark Statz Assistant City Administrator, Athanasia Lewis Council: Council Member Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA The agenda was revised to add public comments under V.1 Award, Presentations, Appearances. The variance concept review for 7021 LaMotte Drive Î Driveway Width was moved to V.2. The agenda was approved as revised. Motion by Commissioner Thompson seconded by Commissioner Nelson to Approve the Agenda as revised. All in favor. Motion carried. IV. PUBLIC HEARING (6:30 PM or shortly thereafter) 1. None V. AWARDS, PRESENTATIONS, APPEARANCES 1. Public Comments Nancy Golden Î 1654 Lakeland Circle Ms. Golden addressed the Planning and Zoning Commission, noting that over the last eight months she has been engaged with the Planning and Zoning Commission, Council, and committees, and she has realized that the city has conflicting documents, which are a source of frustration for the Planning Commission, Council, residents and likely developers. Ms. Golden stated that everyone in the room Page 1 of 4 City of Centerville Planning and Zoning Commission July 9, 2024 wants to improve Centerville and protect the Crown Jewel of the northern cities, but that we need to be smart and diligent. Ms. Golden stated that she would like to request a six-to-twelve-month moratorium on all planned unit developments (PUDs) downtown so that we can regroup and engage with quality developers that will be coming forth. Anita Rios Î 1680 Lakeland Circle th Ms. Rios addressed the Planning and Zoning Commission, noting that at the June 12 City Council Meeting, Jeannie Seppala requested a moratorium on all planned unit developments (PUDs) downtown due to inconsistencies in the 2006 Downtown Master Plan, 2040 Comprehensive Plan, and zoning codes and that she is here to support that request. Ms. Rios said that it would take some time to update the documents and that she did not want decisions that do not reflect the updated documents to occur in the meantime. Ms. Rios stated that the city council recently updated their Strategic Plan to include engaging the community in the review and revision of both the Master Plan and Comprehensive Plan and she applauds this effort. Ms. Rios stated that she thinks the LOCi study should be considered when reviewing the Master Plan. Ms. Rios said that the LaLonde proposal was a wake-up call for her and others about what they do not want the city to look like. Ms. Rios said that she hopes that city leaders can work together with Centerville residents to preserve the small town feel of the city and manage growth. Ms. Rios requested that the Commission consider a one-year moratorium on PUDs downtown. Heather Carciofini Î1652 Lakeland Circle Ms. Carciofini stated that she is here to support the one-year moratorium on all new Planned Unit Developments (PUDs) in downtown Centerville. Ms. Carciofini said that the public outcry that weÓve seen over the past few months, in her opinion, underscores the need for a more thoughtful approach to downtown development. She added that the world has changed significantly since the creation of the Downtown Development Master Plan and that she does not think the 2006 documents serve the community well in 2024. Ms. Carciofini said that she thinks we have an ideal opportunity right now to pause and ensure that future development is truly in sync with the wants and needs of current Centerville residents. Ms. Carciofini requested that the Planning and Zoning Commission vote in favor of a moratorium. 2. Variance Concept Review - 7021 LaValle Driveway Width Administrator Statz introduced this item as presented in the packet, adding that the Planning and Zoning Commission updated the code pertaining to driveway widths not too long ago. Mr. McCall, the resident requesting the variance, addressed the Commission and explained that he wanted to widen his driveway because he said that the rock and width are problematic. Discussion ensued about the area for improvement (up to the road, west to the property line, south of the front property line). Administrator Statz stated that State law is very specific about when municipalities can grant a variance: If the change would fit with the character of the neighborhood If the need for the variance was not created by the owner If the change is a reasonable use of the land Mr. Statz added that he thought it would be difficult to justify granting a variance that the owner would not need additional driveway width for without the RV. However, Administrator Statz noted Page 2 of 4 City of Centerville Planning and Zoning Commission July 9, 2024 that the resident could expand his driveway the width of his garage without a variance, and this is approximately 7 feet. VI. OLD BUSINESS 1. Review of Committee By-Laws Administrator Statz introduced this item as presented in the packet. Discussion ensued about the process for amendments and friendly amendments to motions. Administrator Statz also noted that if there is a question about a motion on the floor, then it is appropriate for someone to call for a point of order at the meeting (not after the meeting). Chair Krueger acknowledged Resident Cara Johnson at 1862 Partridge Place, allowing her to address the Commission to speak about a letter she sent staff the day after the vote on the LaLonde property. Ms. Johson stated that she really appreciated the follow-up and that going forward, she would like to advocate that the city follow RobertÓs Rules of Order on matters that are of extreme importance to the town; she added that she would like to see the city lean out of going through a friendly amendment process as it would help bring confidence to the way the city is making decisions. NEW BUSINESS 1. Development Concept Review Î Eric Marshall Property Î 7216 & 7230 LaValle Drive. Administrator Statz introduced this item as presented in the packet, reviewing the 3-lot concept and the 2 two-lot concepts (as outlined in the staff memo). Property owner Eric Marshall addressed the Commission, explaining that he is looking for the best use for his property. Mr. Marshall explained that he met with Administrator Statz to discuss concepts, adding that he brought some plans to the city about six years ago, but paused pursuing anything due to some personal circumstances. Mr. Marshall addressed the Commission to gauge their interest in considering a planned unit development (PUD) on his property. Discussion ensued about setbacks, ponding, height, home price, timeline to get started, and flex points at Bay View Villas. The consensus among the Commission is that they would entertain further discussion on a PUD. 2. Review Downtown Guiding Document Inconsistencies & Next Steps to Address Them Administrator Statz introduced this item as presented in the packet, reviewing his slides and staff recommendations (noted at the bottom of each PowerPoint slide). Discussion ensued about density, height, definitions (of story and floor), parking (ratio and in height consideration), parameters of the downtown, architecture and the inclusion of examples of French-Canadian architecture. Discussion ensued about the process for making tweaks to the existing plan and/or recommending a moratorium on planned unit developments (PUDs) in the downtown while more substantial changes are made to the Downtown Master Plan. The consensus among Commissioners is to recommend that the City Council approve a moratorium, so Administrator Statz reviewed the next steps. Motion by Commissioner Seppala seconded by Commissioner Kalina to Approve the Agenda as revised. All in favor. Motion carried. 3. Submittal of Proposed 2025 P&Z Budget to the City Council Page 3 of 4 City of Centerville Planning and Zoning Commission July 9, 2024 Administrator Statz introduced this item as presented in the packet, noting that per the CommissionÓs By-Laws a budget is supposed to be submitted to the city council. Motion by Commissioner Thompson seconded by Commissioner McCabe to submit the budget to the city council as presented. All in favor. Motion carried. 4. Scheduling of Special Work Session of the P&Z Commission Î City Bus Tour Administrator Statz introduced this item as presented in the packet, advising that staff will need to post notice of a potential quorum if everyone wants to attend. Administrator Statz also noted that the stops for the tour will be posted, so people can follow the bus. V. APPROVAL OF MINUTES 1. June 4, 2024, Planning & Zoning Commission Meeting Minutes Administrator Statz introduced this item as presented in the packet. Commissioner Nelson, noting the length of the minutes, requested the minutes be reviewed next month. Motion by Commissioner Nelson, seconded by Commissioner Kalina to approve the June 4m, 2024 minutes next month. All in favor. Motion carried. IV. ANNOUNCEMENTS/UPDATES 1. Council Member Russ Koski Council Member Koski announced that the Fire Steering Committee meeting will meet on July thth 18 and that Fete des Lacs will kick begin on July 16. Council Member Koski also thanked the Commissioners for the work they do. 2. AdministratorÓs Report Administrator Statz reviewed the report as presented in the packet. V. ADJOURNMENT Motion by Commissioner Kalina, seconded by Commissioner Thompson to adjourn the meeting at 9:28 p.m. All in favor. Motion carried. Page 4 of 4 MEMORANDUM TO:MAYOR & CITY COUNCIL FROM: KURT GLASER, CITY ATTORNEY SUBJECT: STRATEGY TO REVISE DOWNTOWN MASTER PLAN & MORATORIUM DATE: 8/8/2024 ISSUE FOR DISCUSSION: Should the City impose a moratorium while studying potential revisions to the Downtown Master Plan and regulation of the Mix-Use zoning districts? DISCUSSION: The Planning & Zoning Commission recommends the City study revisions to the Downtown Master Plan and regulations governing Mixed Use zoning districts. Discussions surrounding a recent development project revealed potential benefits of revisiting the Master Plan and these regulations. During this period of review, the City can choose to institute a moratorium prohibiting development governed by the Master Plan and these regulations. A moratorium could be tailored to allow some types of development while prohibiting others. Staff proposes three options for the Council to discuss and consider. Option #1 – No moratorium Option #2 – A moratorium prohibiting development by a planned unit development. Option #3 - A moratorium prohibiting development by a planned unit development for projects with: 1. Residential uses with a density equal to or greater than twenty (20) units per acre; 2. Uses greater than two habitable floors above grade; and 3. Uses greater than thirty-five (35) feet in height. The City is not required to institute a moratorium while it reviews the Master Plan and these regulations. The benefit of a moratorium would allow Staff and the P&Z a period of time to focus its efforts on reviewing these topics without the distraction of pending development projects. To the contrary, any moratorium temporarily halts development and takes away options of effected property owners. There are several parcels within these zoning districts that are ripe for development. A moratorium could prevent these projects from moving forward as desired by their owners. However, a moratorium allowing for revisions to the dated Master Plan and regulations may help guide future development projects in these zones toward their highest and best use. Examples of Moratorium ordinances are attached to the Memo. OPTION 2 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE #____ SECOND SERIES AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM REGARDING PLANNED UNIT DEVELOPMENT IN MIXED-USEZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: SECTION 1: Purpose and Intent. The City of Centerville (“City”) recognizes significant public interest and concern over the complex nature of regulating the development and operation of development in mixed-use zoning districts. Development in these districts is regulated by the City’s Code of Ordinances, Comprehensive Plan, and the Master Plan and Development Guidelines for Downtown Centerville (a.k.a., Downtown Master Plan). New development in these districts must be performed pursuant to a planned unit development. Formal review and study of these governing documents and procedures may improve same, identify apparent conflicts, and clarify ambiguity. Moreover, the Downtown Master Plan, being developed approximately 20 years ago, should be subject to periodic review. Minnesota Statutes Section 462.355 allows the City to adopt a temporary interim ordinance for a period of up to twelve (12) months from the date it is effective, to allow for such study and adoption of comprehensive plan, zoning and/or other official land use controls in order to protect the public health, safety and general welfare. The same statute allows for the limited extension of the period under particular circumstances. The City concludes that review and study is required to clarify terms and conditions for development by planned unit development, in particular, such development in mixed-use zoning districts and development subject to the Downtown Master Plan. The City also concludes that periodic review and study of the Downtown Master Plan is required due to the age of the Plan and relevance to present and forecasted market conditions. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City until such a study has been completed. SECTION 2: Prohibition. OPTION 2 Pursuant to State Statutes 462.355, the City hereby adopts and approves this interim ordinance temporarily prohibitingdevelopment by planned unit development in its mixed-use zoning districts. The interim ordinance shall regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective. SECTION 3: Effective Date and Duration. This ordinance shall take effect and be in full force from and after its passage and publication. It shall remain in effect until the adoption of all official controls contemplated herein or one year, whichever occurs first, after which occurrence this ordinance shall lapse, unless properly extended pursuant to state law. PASSED AND DULY ADOPTED this ____ day of ______________ 2024 by the City Council of the City of Centerville. _______________________________ D Love, Mayor ATTEST: ____________________________ Teresa Bender, City Clerk OPTION 3 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE #____ SECOND SERIES AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM REGARDING PLANNED UNIT DEVELOPMENT IN MIXED-USEZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: SECTION 1: Purpose and Intent. The City of Centerville (“City”) recognizes significant public interest and concern over the complex nature of regulating the development and operation of development in mixed-use zoning districts. Development in these districts is regulated by the City’s Code of Ordinances, Comprehensive Plan, and the Master Plan and Development Guidelines for Downtown Centerville (a.k.a., Downtown Master Plan). New development in these districts must be performed pursuant to a planned unit development. Formal review and study of these governing documents and procedures may improve same, identify apparent conflicts, and clarify ambiguity. Moreover, the Downtown Master Plan, being developed approximately 20 years ago, should be subject to periodic review. Minnesota Statutes Section 462.355 allows the City to adopt a temporary interim ordinance for a period of up to twelve (12) months from the date it is effective, to allow for such study and adoption of comprehensive plan, zoning and/or other official land use controls in order to protect the public health, safety and general welfare. The same statute allows for the limited extension of the period under particular circumstances. The City concludes that review and study is required to clarify terms and conditions for development by planned unit development, in particular, such development in mixed-use zoning districts and development subject to the Downtown Master Plan. The City also concludes that periodic review and study of the Downtown Master Plan is required due to the age of the Plan and relevance to present and forecasted market conditions. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City until such a study has been completed. SECTION 2: Prohibition. OPTION 3 Pursuant to State Statutes 462.355, the City hereby adopts and approves this interim ordinance temporarily prohibitingdevelopment by planned unit development in its mixed-use zoning districts of: 1. Residential uses with a density equal to or greater than twenty (20) units per acer; 2. Uses greater than twohabitable floors above grade; and 3.Uses greater than thirty-five (35) feetin height. The interim ordinance shall regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective. SECTION 3: Effective Date and Duration. This ordinance shall take effect and be in full force from and after its passage and publication. It shall remain in effect until the adoption of all official controls contemplated herein or one year, whichever occurs first, after which occurrence this ordinance shall lapse, unless properly extended pursuant to state law. PASSED AND DULY ADOPTED this ____ day of ______________ 2024 by the City Council of the City of Centerville. _______________________________ D Love, Mayor ATTEST: ____________________________ Teresa Bender, City Clerk CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 10, 2024 Administration VI.1 TITLE OF ISSUE: City Council Meeting Minutes BACKGROUND AND SUPPLEMENTAL INFORMATION: The minutes are contained in your packet for consideration. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve the 2024 meeting minutes as presented. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Meeting Minutes Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 10, 2024 Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on July 10, 2024, at City Hall in Council Chambers and the meeting was live streamed by North Metro TV at 6:30 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. CALL TO ORDER Mayor Love called the meeting to order at 6:30 p.m. ROLL CALL PRESENT: Mayor D. Love Not Approved Council Member Russ Koski Council Member Darrin Mosher Council Member Terry Sweeney Council Member Raye Taylor Junior Council Member Avery Sauber (Non-Voting) ABSENT: None STAFF: City Administrator, Mark Statz Assistant City Administrator, Athanasia Lewis City Attorney, Kurt Glaser III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Sweeney, seconded by Council Member Taylor to Approve the Agenda as Presented. Motion carried. IV. APPOINTMENT/PRESENTATION/PUBLIC COMMENT 1. Chief Deputy Bill Jacobson & Chief Jim Mork Î Updates on the Anoka County SheriffÓs Office and on the CLPD Annual Report Chief Jim Mork, Centennial Lakes Police Department, reviewed his presentation with Council that was provided in the packet. City of Centerville City Council Meeting Minutes July 10, 2024 Chief Deputy Jacobson explained that he works under Sheriff Brad Wise and he reviewed a provided presentation with Council. Council Member Koski stated that he thanked and appreciated both organizations and their staff for what they do. Mayor Love stated that he was very proud of Mr. Jacobson for his service to Centennial and now with the County. Chief Deputy Jacobson stated that his previous Centennial patch hangs in his current office as a reminder of where he came from and what has assisted him along the way to his current position. Mayor Love also thanked both Chiefs for their service. V. PUBLIC HEARING 1. None VI. APPROVAL OF THE MINUTES 1. June 24, 2024, City Council Work Session & Meeting Minutes Mayor Love provided an opportunity for Council to make modifications if needed. Council Member Sweeney requested that under IX. New Business, Item #3 that ÐfilledÑ be changed to ÐfiledÑ in the first sentence and that ÐcouldÑ be changed to ÐCouncilÑ in the fifth sentence. Under Mayor LoveÓs report of (i) North Metro Telecommunications Commission ÐcampionÑ be changed to ÐchampionÑ and ÐannualÑ be removed from before Ðhockey gameÑ if the fourth sentence. Council Member Koski requested that under IX. New Business, Item #3, second paragraph ÐarbitrarilyÑ be changed to ÐarbitraryÑ in the third sentence. VII.CONSENT AGENDA 1.City of Centerville Claims through July 10, 2024 (Checks #36850-36874, E2261-2265 & Voided Check #36830 & 36784 2.Centennial Lake Police Department Claims through July 4, 2024 (Check #15291-15302, E2024052-E2024053 & Payroll Check #15288-15290) 3. Second Reading Î Ordinance XXX, Erosion Control rd 4. Encroachment Agreement, 1995 Î 73 Street Î Fence 5. Step Increase Î James Huisenga; Public Works Technician 6. Res. #24-0XX Î Appointing Election Judges Î Primary Elections Mayor Love provided an opportunity for members to pull items for additional discussion. Motion by Council Member Sweeney, seconded by Council Member Mosher to Approve the Consent Agenda as presented. Motion carried. VIII. OLD BUSINESS 1.2024-2024 Strategic Plan Administrator Statz stated that the plan was revised with CouncilÓs changes from the previous Work Session relating to guiding documents associated with developing the downtown area and Code of Conduct. Administrator Statz stated that the City currently has an Ethics Policy that was adopted in 2004 that will be reviewed and updated. Page 2 of 6 City of Centerville City Council Meeting Minutes July 10, 2024 Jr. Council Member Sauber stated that she believed the changes accurately reflect previous discussions and that she felt that the changes were positive. Council Member Koski asked how does the Council measure or evaluate items in the plan (e.g. employee education/development, etc.) and discussion ensued regarding achievable goals and monthly review of the Administrator. Council Member Koski felt that the information would be valuable to Staff. Mayor Love stated that he felt that Priority #1 Î Economic Development fit better under Priority #4 as Goal III as it was the public being referred to. Council Member Taylor suggested Priority #2, Item #3. should include a bullet point for communicating with the public regarding opportunities for consumers/community engagement with businesses. Mayor Love stated that the Council is unaware of employee education/development unless employees attend sessions with a Council Member or Members or it is stated at a meeting, and Administrator Statz suggested that he would place training in his AdministratorÓs Report. IX. NEW BUSINESS 1. City Hall Improvements Administrator Statz stated that the City Hall was remodeled in 2020 and since some of the smaller projects have been completed along the way that were not included in the original remodel (parking lot lighting, a section of sidewalk that extended to the fire hall, etc.). He stated that in efforts to continue to provide the public with an aesthetically pleasing City Hall and the continuation of the EDAÓs beautification of the downtown area, staff had been exploring turf and its maintenance in the boulevard along with other sections of the property surrounding the building. He stated that installation of a handrail along the sidewalk was also considered. He also stated that staff had obtained quotes for the projects and would recommend installation of irrigation in zone 1 as depicted in the presented sketch. He stated that zones 2 and 3 would be nice but a value discussion for Council, (zones 1-3 - $29,000 and just zone 1 - $17,000). He added the quote for the freestanding rail was $13,500. He stated that it was felt that the current sidewalk was showing signs of its age, but staff would recommend the free-standing rail. He stated that summation of the recommendation would be to install irrigation in zone 1 - $17,000, install sod in zone 1 - $1,100 and staff time to install along with the installation of a free-standing handrail Î 13,500 for a total of $31,600. He stated that the Council could consider one, or the other or both. Discussion ensued regarding installation of artificial turf in the boulevard, water source use of the pond on site for irrigation, RCWD regulations and their monitoring station, native plantings, moving the existing trail, installation of a rain garden, footing depth for the handrail (continuous or post by post foundation) and potential for quoting error, plantings in the right-of-way, salt tolerance of sod/plantings, effects on the budget, etc. Additional discussion took place regarding funding, width of the boulevard being 4 to 5Ó, more welcoming bike access to the front door if the trail was moved in excess of $50,000, environmental impacts, example setter, plantings and raingarden along with applying for a Rice Creek Watershed grant for financial assistance, installation of concrete, stamped concrete, pavers w/decorative plantings similar to the downtown area, staff believes that zone 1 was the area in need of irrigation and does not feel that zone 2 and 3 without the inclusion of zone 1 would be wise, concerns for aesthetics for the parade, permanent solution for the boulevard. Administrator Statz stated that as he stated previously, recommendations can be made for all the proposals or just one and he would encourage Council to consider the handrail installation as there was consensus regarding that and allow him to complete additional options and research for zone 1. Page 3 of 6 City of Centerville City Council Meeting Minutes July 10, 2024 Motion by Council Member Koski, seconded by Council Member Sweeney to Approve the Installation of a Free-Standing Handrail Along the Sidewalk in Front of City Hall Subject to Clarification on the Depth of Footings. All in favor. Motion carried. 2.Security Release Request a. Rehbein Commercial b. Rehbein Industrial/Sutton Transport c. Old Mill Estates Administrator Statz stated that three different developers are requesting some level of reduction in their securities. He stated that Rehbein Commercial installed Michaud Way near NorBella Senior Living and Kwik Trip. He also stated that all punch list items have been addressed, that they have received a full release of escrow from Rice Creek Watershed District and the two-year warranty on the project was to expire on July 12, 2024, with no warranty issues being identified and staff would be recommending a full release of the escrow. Administrator Statz stated the same existed for the Rehbein Industrial/Sutton Transport project in that they st have completed an extension of Fairview Street from a cul de sac to being connected to 21 Avenue. He also stated that utility improvements were made associated with both Sutton Transport and Amazon developments. He also stated that all punch list items had been addressed along with Rice Creek Watershed District releasing their escrow along with the two-year warranty on the project was to also expire on July 12, 2024, with no warranty issues being identified and staff would be recommending a full release of the escrow. Administrator Statz stated that Old Mill Estates has been through several years of punch list items with just a handful remaining along with ensuring that their other permits are finalized. He also stated that the last permit is the RCWD permit which involves numerous items, but mainly checking of the stormwater infrastructure ensuring that the pipes, catch basins and stormwater ponds were installed correctly. He stated that they required a bathymetric survey to check depth, etc. and they all checked out. He stated that it could cost thousands of dollars if it did not pass, and it would then need to be corrected by the developer along with a large risk for them. He stated that the Wetland Permit is also a large issue, and it covers what they said they were going to impact was really what they impacted, and he described wetland credits. Administrator Statz stated that he has reviewed the data and that they are very close a few dozen square feet costing just a few thousand in banked credit. He stated that staff would be recommending that their current escrow be released to a level of $20,000 with the belief that the city would retain enough money to allow for items no being completed pertaining to the Wetland Permit. He clarified that it would be releasing the existing Letter of Credit, and the developer could either issue a new Letter of Credit in the amount of $20,000 or provide a cash deposit. He stated that he contained the language of the proposed motion in the Staff memorandum to allow Staff to release the remaining $20,000 escrow upon the release of the Wetland Permit escrow by RCWD. Council Member Mosher asked about the bike path and how it turned out. Administrator Statz stated that it was moved approximately 4Ó and paid for by the abutting property owner and in areas narrower than 6Ó. Council Member Mosher asked how snow removal was completed, and Administrator Statz stated that the trucks handled the clearing appropriately and without issues. Page 4 of 6 City of Centerville City Council Meeting Minutes July 10, 2024 Motion by Council Member Mosher, seconded by Council Member Sweeney to approve the release of all securities for the Rehbein Commercial Development as requested. All in favor. Motion carried. Motion by Council Member Koski, seconded by Council Member Taylor to approve the release of all securities for the Rehbein Industrial Development as requested. All in favor. Motion carried. Motion by Council Member Sweeney, seconded by Council Member Koski to approve the reduction of the DeveloperÓs security to $20,000, with a full release granted upon RCWDÓs approval of the final wetland delineation. Council Member Taylor asked if the developer failed to complete required check list items and if the amount for the City to complete them on their behalf exceeded $20,000 what would happen. City Attorney Glaser stated that we would first ask them for the money or to complete the items and if they stated no, the city would sue them. He explained that there was still a DeveloperÓs Agreement that can be relied on. He also stated that generally the escrow amounts are 125 to 150% higher than the estimates. Discussion ensued regarding backyard drainage issues and Administrator Statz stated that staff has been working with the builders and homeowners regarding rectifying their issues, but the system is there and functioning properly. Council Member Koski stated that he relies on staff to make these financial decisions and if they recommend them then he is supportive. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report Î Administrator Statz stated that his report was contained in the packet and that he would be happy to address any questions from the Council. He provided the Council with a brief review. Assistant City Administrator Lewis thanked the businesses who donated promotional items for the Fete des Lacs EDA swag bags. 2.Council Reports Junior Council Member Sauber stated that the youth in Centerville have been enjoying Music in the Park along with herself. She liked the programming. a.Taylor Î Council Member Taylor stated that she recently had attended the League of MN Cities Conference. She stated that it was very engaging, that she had taken away numerous tips and tricks and issues that were going on throughout the State. She also stated that it was wonderful to be able to represent the City of Centerville and thanked the city for the opportunity to attend. (i) Economic Development Authority - Council Member Taylor gave no report and stated that they would be meeting the following week. (ii) Police Governing Board Î Council Member Taylor gave no report. b. Koski Î (i) Planning & Zoning Commission Î Council Member Koski reported that the Commission discussed a Concept Plan for a development at 7216 & 7230 LaValle Drive with the Page 5 of 6 City of Centerville City Council Meeting Minutes July 10, 2024 property owner desiring to split the property into 3-5 lots and a review of the Downtown guiding documents associated with the inconsistencies (Downtown Master Plan, Comprehensive Plan and City Code) and how to rectify the issue. He reported that there was lengthy discussion regarding a possible moratorium for development in the downtown area. Administrator Statz stated that the Commission motion to recommend to Council to explore a moratorium on Planned Unit Developments (PUDs) in the M-1 and M-2 zoning Districts. He stated that the issue would be on the CouncilÓs next agenda for consideration. (ii) Fire Steering Committee Î Council Member Koski stated that the next meeting would be July 18, 2024. c. Sweeney Î Council Member Sweeney also gave a brief update on events that would be taking place during Fete des Lacs. (i) Fire Steering Committee Î Council Member Sweeney gave no report. (ii) Parks & Recreation Committee Î Council Member Sweeney stated that their July meeting was cancelled. (iii) Fire Protection Council Î Council Member Sweeney gave no report. d. Mosher Î Council Member Mosher briefly gave an overview of Fete des Lacs events taking place in the upcoming week. He stated that the Jake Nelson Band, containing Jake Nelson who was from White Bear Lake and very good. (i) Economic Development Authority Î Council Member Mosher gave no report. (ii) Police Governing Board Î Council Member Mosher gave no report. e. Love Î Mayor Love stated that he met with Senator Gustafson and discussed several topics (e.g. development in the city, small city funding, elections, public safety and who the city spent the public safety money from the legislature, solar and incentivizing the Junior Council Member program throughout the State. He reported that he, Council Member Taylor and Assistant City Administrator Lewis attended the League of MN Cities Conference and that it was very good, he had many opportunities to meet with other cities and learnt a large amount of new things/good ideas. He also stated that he participated in electing the new board. He reported that Assistant City Administrator Lewis will be the Vice Chair of the League of MN Cities Improving Service Delivery Committee. He reported that Fete des Lacs would be the upcoming Fete des Lacs City Celebration. The mayor read a prepared statement in reference to recent development proposals, public input and community vision. (i) North Metro Telecommunications Commission Î Mayor Love gave no report. (ii) Police Governing Board Î Mayor Love gave no report. (iii) Other Mayoral Reports Î Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Taylor to Adjourn the Council Meeting of July 10, 2024, at 8:57 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: Finance/Administration VII.1 TITLE OF ISSUE: City of Centerville Claims Through BACKGROUND AND SUPPLEMENTAL INFORMATION: The Check Detail Register is included in your packet for consideration. (Checks # COST AND SOURCE(S) OF FUNDING: REQUESTED COUNCIL ACTION: Motion to Approve as submitted. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Check Detail Register Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Requested Council Meeting Date: Agenda Item # Department: Administration VII.2 TITLE OF ISSUE: Centennial Lakes Police Department Claims BACKGROUND AND SUPPLEMENTAL INFORMATION: The packet contains Check Register & Detail which includes the following disbursements for consideration: Check #, E2 Payroll Check # COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve along with the Consent Agenda. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Supporting Documents Contained in Packet Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent X Tabled Until: ______________________________ Regular Other: ___________________________________ CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 7/19/2024 - 8/8/2024Aug 08, 2024 10:13AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1533008/08/20244IMPRINT, INC309.91 1533108/08/2024Amazon Capital Services54.97 1533208/08/2024ANOKA CO TREASURY OFFICE170.76 1533308/08/2024ASPEN MILLS, INC2,310.74 1533408/08/2024BAYCOM, Inc.3,708.00 1533508/08/2024BULBS.COM179.70 1533608/08/2024Capital One Trade Credit20.57 1533708/08/2024CENTENNIAL UTILITIES359.00 1533808/08/2024CLIMATE MAKERS, INC.373.00 1533908/08/2024COVERALL NORTH AMERICA, INC820.00 1534008/08/2024E C S I, LLC286.25 1534108/08/2024EMERGENCY CONTRACTORS815.00 1534208/08/2024GEORGE'S INC1,761.00 1534308/08/2024IMAGE PRINTING & GRAPHICS, INC57.75 1534408/08/2024KNOWLAN'S SUPER MARKETS16.12 1534508/08/2024LEAGUE OF MN CITIES INS TRUST16,894.00 1534608/08/2024Metro Sales, Inc.90.72 1534708/08/2024Metro-INET8,045.98 1534808/08/2024MHSRC/RANGE2,100.00 1534908/08/2024O'REILLY AUTOMOTIVE, INC181.32 1535008/08/2024QUILL LLC283.28 1535108/08/2024Shatter Tactical LLC360.00 1535208/08/2024Shred-N-Go, Inc207.86 1535308/08/2024SIGNS NOW220.00 1535408/08/2024TRANSUNION RISK & ALTERNATIVE75.00 1535508/08/2024VERIZON WIRELESS1,137.25 202405908/08/2024CENTURY LINK125.32 202406008/08/2024DEARBORN NATIONAL1,747.94 202406108/08/2024DELTA DENTAL1,317.65 202406208/08/2024OPTUM FINANCIAL, INC.22.50 202406308/08/2024US Bank Credit Card1,522.90 Grand Totals: 45,574.49 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTPolice Disbursements ReportPage: 1 Input Dates: 7/19/2024 - 8/8/2024Aug 08, 2024 09:54AM NameInvoiceDescriptionInvoice DateTotal Cost 4IMPRINT, INC (100) 4IMPRINT, INC127730853 rolls of Junior Officer Lapel Stickers07/18/2024309.91 Total 4IMPRINT, INC (100):309.91 Amazon Capital Services (112) Amazon Capital Ser1T9M-XX1W-Multi-surface cleaning wipes07/23/202414.98 Amazon Capital Ser1T9M-XX1W-USB Flash drives07/23/202439.99 Total Amazon Capital Services (112):54.97 ANOKA CO TREASURY OFFICE (116) ANOKA CO TREASAR0223121-PMMN4069AL Microphone08/01/202495.76 ANOKA CO TREASB240716DJul Broadband (CAC Fiber)07/25/202475.00 Total ANOKA CO TREASURY OFFICE (116):170.76 ASPEN MILLS, INC (124) ASPEN MILLS, INC332183Rain Jacket w/ Embroirdery and Patches sewn on - DW04/29/2024211.50 ASPEN MILLS, INC335112Body Armor, Concealable Carrier, Quick Release buckle, Out06/24/20241,518.05 ASPEN MILLS, INC336707Winter Navy Skull caps w/ Embroidery07/26/2024218.94 ASPEN MILLS, INC337075Rain Jacket and Navy pants and shirt w/ Embroirdery and Pat08/02/2024362.25 Total ASPEN MILLS, INC (124):2,310.74 BAYCOM, Inc. (425) BAYCOM, Inc.050458Panasonic toughbook and docking station for new squad07/25/20243,708.00 Total BAYCOM, Inc. (425):3,708.00 BULBS.COM (144) BULBS.COMFJ500330 Fluorescent bulbs08/06/2024179.70 Total BULBS.COM (144):179.70 CENTENNIAL UTILITIES (150) CENTENNIAL UTILI80824Jul Gas, Water08/08/2024348.00 CENTENNIAL UTILI80824Jul Irrigation08/08/202411.00 Total CENTENNIAL UTILITIES (150):359.00 CENTURY LINK (152) CENTURY LINK80824Aug Communications08/08/2024125.32 Total CENTURY LINK (152):125.32 CLIMATE MAKERS, INC. (163) CLIMATE MAKERS, 121579HVAC REPAIRS-FUSES REPLACED 7/8/2407/22/2024373.00 Total CLIMATE MAKERS, INC. (163):373.00 COVERALL NORTH AMERICA, INC (172) COVERALL NORTH 1590038180Aug Cleaning Service08/01/2024820.00 CENTENNIAL LAKES POLICE DEPTPolice Disbursements ReportPage: 2 Input Dates: 7/19/2024 - 8/8/2024Aug 08, 2024 09:54AM NameInvoiceDescriptionInvoice DateTotal Cost Total COVERALL NORTH AMERICA, INC (172):820.00 DEARBORN NATIONAL (177) DEARBORN NATIO08 01 24Aug Life/Disability Premiums08/01/20241,444.44 DEARBORN NATIO08 01 24Aug Volunteer Life Prem08/01/2024303.50 Total DEARBORN NATIONAL (177):1,747.94 DELTA DENTAL (180) DELTA DENTALCNS0001604Aug Dental Insurance Premiums08/01/20241,317.65 Total DELTA DENTAL (180):1,317.65 E C S I, LLC (191) E C S I, LLC24060849SERVICE CALL DEACTIVATE MAGNETS ON GARAGE DO07/31/2024286.25 Total E C S I, LLC (191):286.25 EMERGENCY CONTRACTORS (196) EMERGENCY CON1837Aug Monthly Services08/01/2024815.00 Total EMERGENCY CONTRACTORS (196):815.00 Frattallone's Hardware & Garden (204) Frattallone's HardwaH93710Pack of zip ties07/24/20243.69 Frattallone's HardwaH93722Zip ties and cable ties07/24/202416.88 Total Frattallone's Hardware & Garden (204):20.57 GEORGE'S INC (210) GEORGE'S INC3022'16 Taurus Oil and filter change, Front brakes07/23/2024687.00 GEORGE'S INC3031'22 Explorer #222 Oil Change and Filter07/25/202440.00 GEORGE'S INC3033'11 Taurus Oil and filter change07/25/202440.00 GEORGE'S INC3042'16 Taurus Rear shocks, rear brakes08/01/2024954.00 GEORGE'S INC3054'18 Explorer Oil and filter change08/05/202440.00 Total GEORGE'S INC (210):1,761.00 IMAGE PRINTING & GRAPHICS, INC (229) IMAGE PRINTING 167691Business Cards (500) - JS07/24/202457.75 Total IMAGE PRINTING & GRAPHICS, INC (229):57.75 KNOWLAN'S SUPER MARKETS (257) KNOWLAN'S SUPE073024Supplies for Bike Rodeo event07/30/202416.12 Total KNOWLAN'S SUPER MARKETS (257):16.12 LEAGUE OF MN CITIES INS TRUST (264) LEAGUE OF MN CI080124WORK COMP ADJ 4/1/23 - 4/1/2407/26/202416,894.00 Total LEAGUE OF MN CITIES INS TRUST (264):16,894.00 CENTENNIAL LAKES POLICE DEPTPolice Disbursements ReportPage: 3 Input Dates: 7/19/2024 - 8/8/2024Aug 08, 2024 09:54AM NameInvoiceDescriptionInvoice DateTotal Cost Metro Sales, Inc. (280) Metro Sales, Inc.INV2575700Jul Copier Contract08/08/202490.72 Total Metro Sales, Inc. (280):90.72 Metro-INET (419) Metro-INET2072Website Domain Renewal - centenniallakespd.com and clpdm07/17/202475.98 Metro-INET2073Website Domain 3 Year Renewal - clpdmn.com and clpdmn.n07/17/2024301.00 Metro-INET2094Aug Phone & IT Services08/08/20247,669.00 Total Metro-INET (419):8,045.98 MHSRC/RANGE (282) MHSRC/RANGE337900-1110EVOC/PIT REFRESHER HYBRID - DW & SL07/25/20241,050.00 MHSRC/RANGE337900-1113EVOC/PIT REFRESHER HYBRID - RH & KM07/31/20241,050.00 Total MHSRC/RANGE (282):2,100.00 OPTUM FINANCIAL, INC. (313) OPTUM FINANCIAL1617870Jun Service Fee08/01/202422.50 Total OPTUM FINANCIAL, INC. (313):22.50 O'REILLY AUTOMOTIVE, INC (314) O'REILLY AUTOMO3472-34501694REXT Battery07/16/2024181.32 Total O'REILLY AUTOMOTIVE, INC (314):181.32 QUILL LLC (338) QUILL LLC39717771Lysol disinfecting wipes, envelopes, hanging file folders, mem07/25/2024283.28 Total QUILL LLC (338):283.28 Shatter Tactical LLC (464) Shatter Tactical LLC36B96BAC-0Shatterball (2pk)07/31/2024360.00 Total Shatter Tactical LLC (464):360.00 Shred-N-Go, Inc (348) Shred-N-Go, Inc170293Jul Shredding Service08/01/2024207.86 Total Shred-N-Go, Inc (348):207.86 SIGNS NOW (349) SIGNS NOWI-83138' Table Throw07/30/2024220.00 Total SIGNS NOW (349):220.00 TRANSUNION RISK & ALTERNATIVE (380) TRANSUNION RIS202407-1Jul Investigative Expenses08/08/202475.00 Total TRANSUNION RISK & ALTERNATIVE (380):75.00 CENTENNIAL LAKES POLICE DEPTPolice Disbursements ReportPage: 4 Input Dates: 7/19/2024 - 8/8/2024Aug 08, 2024 09:54AM NameInvoiceDescriptionInvoice DateTotal Cost US Bank Credit Card (386) US Bank Credit Car080124Works wash-Jun 2407/25/2024154.00 US Bank Credit Car080124Wheel cap07/25/2024414.00 US Bank Credit Car080124Navy uniform tees07/25/2024305.00 US Bank Credit Car080124Rhino Lining on '24 Ram box07/25/2024649.90 Total US Bank Credit Card (386):1,522.90 VERIZON WIRELESS (391) VERIZON WIRELE9969795685Jul Cell Phones08/08/2024752.14 VERIZON WIRELE9969795685Jul Squad Laptop Data08/08/2024385.11 Total VERIZON WIRELESS (391):1,137.25 Grand Totals: 45,574.49 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: 2024 Administration VII.3 BACKGROUND AND SUPPLEMENTAL INFORMATION: The packet contains Check Register and Detail which includes the following disbursements. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to Approve Along with the Consent Agenda. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Supporting Documents Contained in Packet. Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 14, 2024 Parks and Recreation Committee VII.4 TITLE OF ISSUE: Appointment of Parks and Recreation Committee Member - Deanna Loomis BACKGROUND AND SUPPLEMENTAL INFORMATION: After the retirement of Committee Member Seeley, an opening on the Committee was promoted. The city has received an application for the open position from Deanna Loomis. On 8/7/24, the Parks & Recreation Committee interviewed Mrs. Loomis and voted, unanimously, to recommend her appointment to fill the open position. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to accept the recommendation of the Parks & Recreation Committee and appoint Deanna Loomis to fill the open seat on the Parks & Recreation Committee. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Application Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 14, 2024 Administration VII.5 TITLE OF ISSUE: Special Event Permit - Hay Creek Entertainment, Inc. - Company Picnic (7129 20th Ave.) BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached permit application for more information. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve a special event permit for Hay Creek Entertainment to hold a company picnic at 7129 20th Ave. on September 15, 2024. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Permit Application Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 14, 2024 Public Works VII.6 TITLE OF ISSUE: Service Agreement - Corrpro Companies, Inc. - Water Storage Tank Cathodic Protection BACKGROUND AND SUPPLEMENTAL INFORMATION: Annually, the city contracts with Corrpro for an inspection and recallibration of the water tower's cathodic protection system. This equipment protects the water tower from corrosion, extending the life of the tower and even the coating system (paint). COST AND SOURCE(S) OF FUNDING: $925 (Water Fund) REQUESTED COUNCIL ACTION: Motion to approve a service contract with Corrpro for cathodic protection systems on the city's water tower and authorize the ublic orks irector to execute the same. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 14, 2024 Parks and Recreation Committee VII.7 TITLE OF ISSUE: Park Facility Permit BACKGROUND AND SUPPLEMENTAL INFORMATION: See attached application for more information. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to accept the recommendation of the Parks & Recreation Committee to approve the Park Facility Permit Curt Rivard to host a Kite Flying Event at LaMottePark. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Application Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 14, 2024 Legal / Planning & Zoning IX.1 TITLE OF ISSUE: Interim Ordinance - Moratorium in M1&M2 Zoning Districts During Revisions to Downtown Master Plan, et. al BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see attached memo and sample ordinances COST AND SOURCE(S) OF FUNDING: Costs for Study of Downtown Master Plan, etc. TBD REQUESTED COUNCIL ACTION: No action - If the Council elects not to move forward with a moratorium, no action is necessary. Motion to adopt Interim Ordinance (#XXX) prohibiting PUDs in the M1&M2 Districts. or Motion to adopt Interim Ordinance (#XXX) prohibiting developments in the M1&M2 districts which include one or more of the following elements: ________, __________, _________. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ x Vote Record: Aye Nay _____ Staff memo Other (specify) ____________ _____ _____ ___ _______________________________________________________________ _____ _____Sweeney _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: August 14, 2024 Legal/IT IX.2 TITLE OF ISSUE: Master Services Agreement and Statement of Work - Arete/McDonnald Hopkins LLC BACKGROUND AND SUPPLEMENTAL INFORMATION: Several weeks ago, a city employee clicked on a link which turned out to be a spoofed invoice, purporting to be one of our vendors. The cyber-criminal was able to gain access to the employee's email and Microsoft 365 account. They began sending emails out from our employee's email address. City staff worked with our IT providers to identify the problem and lock the account. We also called our insurance carrier, the League of MN Cities Insurance Trust. The LMCIT acted quickly to add resources to our IT provider's response. The combination of law firm McDonnald Hopkins and IT forensic experts Arete were recommended to assist us in determining what information may have been accessed and/or shared. All expenses for these two consultants are reimbursable, less a small deductible, up to our coverage limit. Work under this contract has already begun, due to the time-sensitive nature of the task. This confirms our commitment to the contract. COST AND SOURCE(S) OF FUNDING: Estimated fees of $10,750 (reimbursible from insurer, less $500 deductible) REQUESTED COUNCIL ACTION: Motion to approve the Master Services Agreement and Statement of Work presented by Arete and McDonnald Hopkins, LLC, authorizing the City Administrator to execute the same. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ MASTER SERVICES AGREEMENT This Master Services Agreement, together with any related Statements of Work ("Agreement"), date as of July 25, 2024 ("Effective Date"), is entered into by and among Arete Advisors, LLC, a Florida limited liability company having a place of business at 4800 T-Rex Avenue, Suite 350, Boca Raton, FL 33431("Arete"), McDonald Hopkins LLC, a law firm having a place of business at 39533 Woodward Avenue, Suite 318, Bloomfield Hills, MI 48304 ("Counsel"), as counsel for and on behalf of CIty Of Centerville, having a place of business at 1880 Main Street, Centerville, MN 55038 ("Client") (Arete, Counsel, and Client are each a "Party," and collectively the "Parties"). This Agreement is made for purposes of Arete's provision of services and assistance to Counsel in anticipation of litigation or provision of legal advice to Client. R E C I T A L S WHEREAS, Arete is in the business of providing cybersecurity consulting, data breach remediation, digital forensics, cybersecurity compliance, and other cybersecurity services. WHEREAS, from time to time, the Parties may enter into separate Statements of Work, where Arete may provide services for the purpose of enabling Counsel to provide legal advice to Client or to assist Counsel in connection with anticipated litigation. The purpose of this Agreement is to provide a basis for rapid execution of formal contractual agreements executed through the Statements of Work template attached hereto as Exhibit A. NOW, THEREFORE, in consideration of the agreements, representations, warranties, promises and covenants contained herein, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the Parties, intending to be legally bound, agree to the foregoing and as follows: 1.AGREEMENT FRAMEWORK 1.1 Statements of Work. This Agreement shall be implemented through one or more Statements of Work (ÐSOWÑ). For the purposes of this Agreement, the Party or Parties performing the work under an executed SOW shall be referred to as the Performing Party (ÐPerforming PartyÑ), which in all cases is Arete unless the SOW clearly states otherwise. The Party receiving the work shall be referred to as the Receiving Party (ÐReceiving PartyÑ), which in all cases is Counsel unless the SOW clearly states otherwise. 1.2 Requirements. Each SOW under this Agreement shall become effective only upon execution by an authorized representative of each of the Parties. The Performing PartyÓs services contemplated by this Agreement (ÐServicesÑ) shall be set forth and agreed to in one or more SOW. A SOW shall be deemed an integrated part of this Agreement. Any individual SOW may be terminated without affecting this Agreement or any other SOW. The Parties may agree to modify or amend a SOWby written agreement executed by all Parties. If there are any executed SOW in effect as of the termination of this Agreement, the respective Parties are responsible for the completion of the then-executed Services and delivery of any relevant deliverables, and payment foreach of the same, as set forth in such SOW or this Agreement. In the event of any conflict between the terms of this Agreement and a SOW, the terms of this Agreement shall control. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Њ www.areteir.com 2.TERM 2.1 Term of Agreement. This term of this Agreement shall begin on the Effective Date and shall remain in effect until either: (1) the lapse of six months from the first date upon which no SOW under this Agreement is then in effect; or (2) is otherwise terminated in accordancewith Section 3 (the ÐTermÑ). 2.2 Term of Statements of Work. The term for each SOW executed under this Agreement shall be set forth in each SOW. If a SOW does not include a term, the term of the SOW shall last until the earlier of the Performing Partycompletes the Services or a Receiving Party elects to terminate the SOW upon notice to the Performing Party. 3.TERMINATION 3.1 Termination for Convenience. Any Party may terminate this Agreement, and Receiving Party may terminate any SOW, without cause (at will) upon thirty (30) calendar days written notice to the other party, provided that upon receipt of the notice, the Performing Party shall promptly stop work and wind down its Services as and when instructed by the Receiving Party. The Client, and not Counsel, shall pay for all Services performed by Performing Party through the date of termination. Arete acknowledges and agrees that Counsel has no payment responsibilities under this Agreement and will look solely to Client for payment hereunder. 3.2 Termination for Cause. In the event of any material breach of this Agreement by a Party, either of the other Parties may terminate this Agreement upon receipt of written notice if the breaching Party fails to cure such breach within thirty (30) calendar days of receiving written notice of the breach (ÐCure PeriodÑ); provided, however, that this Agreement shall not terminate at the end of the Cure Period ifthe Party in breach has cured the breach to the reasonable satisfaction of the non-breaching Party prior to the expiration of the Cure Period. This Section 3.2 does not limit termination rights under other Sections of this Agreement. 3.3 Termination for Insolvency. Any Party may terminate this Agreement, and the Performing Party and the Receiving Partymay terminate any executed SOW, without notice if any Party becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against such Party (except for involuntary bankruptcies which are dismissed within sixty (60) days), or has a receiver or trustee appointed for substantially all of its property. 3.4 Termination Effect and Charges. No termination fees or penalties shall be payable by any Party in connection with any termination or expiration of this Agreement, any SOW, or the delivery of any Services, in any case in whole or in part, unless a SOW expressly designates a specific fee or expense (ÐTermination ChargeÑ). Any such Termination Charges shall be each PartyÓs sole and exclusive liability to the other Parties, and the terminating PartyÓs sole and exclusive remedy from the other Parties, resulting from the terminating PartyÓs exercise of its termination rights under this Agreement, and in no event shall a Party be liable for any other fees, penalties, liabilities, losses, costs, damages or expenses with regard to any PartyÓs termination. Any Termination Charges payable by a Party shall be proportionately reduced to reflect any prior partial terminations. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ћ www.areteir.com 4.PRICES AND PAYMENT 4.1 Prices. Client shall pay Arete for Services pursuant to the prices and other related terms set forth in each executed SOW. Except for invoiced payments that the Client has successfully disputed, all late payments shall bear interest of 1% per month after the payment due date. The Client shall also reimburse Arete for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneysÓ fees. 5.RELATIONSHIP BETWEEN PARTIES; NO RECOMMENDATIONS 5.1 Independent Contractor. The relationship between the Parties shall only be that of independent contractors. No Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Parties in any respect whatsoever. Personnel assigned by Performing Party to perform Services hereunder shall at all times remain employees of Performing Party and not employees of Client or Counsel. 5.2 No Partnership or Agency. The Parties hereto have not created a partnershipand nothing contained in this Agreement or executed SOW shall be deemed or construed as creating a joint venture or partnership between the Parties, nor create any fiduciary relationship between them for any purpose whatsoever. Each Party agrees that it does not have, nor shall it hold itself out as having, any right, power, or authority to create any contract obligation, express or implied, on behalf of, in the name of, or binding upon the other and agrees not to undertake any action which would tend to mislead anyone in this regard. Nothing herein shall be construed as providing for the sharing of profits or losses arising out of the efforts of any Party. 5.3 Privileges. The communication of Arete and the Services performed by Arete will be protected, to the fullest extent legally possible, by the attorney-work-product and attorney-client communication privileges. The purpose of the Agreement and the Services performed hereunder is to enable Counsel to render legal advice to Client in anticipation of litigation or in connection with an internal compliance investigation. Accordingly, AreteÓs communications with Client and Counsel, AreteÓs work product, and all information and data received from Client or Counsel are covered by attorney-client privilege and/or attorney work product doctrine and shall be treated and regarded as Confidential Information and subject to the confidentiality requirements of Section 14. Arete agrees to work under the direct supervision, instruction and direction of Counsel. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ќ www.areteir.com 5.4 No Recommendations. It is the policy of Arete that any payment of ransom is a last resort that should be considered only after a rigorous ransom impact assessment has been conducted and it has been determined that the Client has no other reasonable option. To the extent the Services include any ransomware negotiation, obtaining ransomware decryption key or validation of ransomware decryption key, bitcoin or other cryptocurrency payment, or similar ransomware services, Client and Counsel expressly acknowledge and agree that (a)Arete is performing the Services only at the request of and at the direction of Client and Counsel, (b) AreteÓs actions are solely for the facilitation of Services requested by Client and Counsel and (c) in no circumstances is Arete providing guidance, advice or recommendations to Client or Counsel related to ClientÓs determination in how to respond to ransom requests and/or whether or how to pay any ransom requests. 6.ASSIGNMENT AND SUBCONTRACTING 6.1 Assignment. This Agreement shall be binding on, and for the benefit of, the Parties and their respective permitted successors and assigns. No Party may assign any of its rights under this Agreement, except with theprior written consent of the other Parties, which consent may not be unreasonably withheld. Allvoluntary assignments of rights are limited by this Section 6.1. 6.2 Subcontractors. PerformingParty may perform its obligations hereunder using one or more subcontractors, provided that the Performing Party remains responsible for the performance of such obligations in accordance with this Agreement and any executed SOW. Where Performing Party engages a subcontractor, the Performing Party shall ensure that the subcontractor adheres to the standards for protection of the Receiving PartyÓs or ClientÓs data as set forth in this Agreement. 7.INTELLECTUAL PROPERTY 7.1 Work Product. Subject to this Section 7, work product resulting from the Services performed by the Performing Party shall be the sole and exclusive property of Receiving Party. 7.2 Proprietary Materials. Performing Party may utilize in its performance of the Services its proprietary software programs and source code, ideas, concepts, trade secrets, know- how, tools, models, processes, methodologies and techniques that have been originated or developed byPerforming Party (either before or during the provision of Services) or that have been purchased by or licensed to Performing Party, and/or any other concept, compilation or process eligible for federal copyright or patent protection (collectively, the ÐP erforming Party Proprietary MaterialsÑ). Receiving Party and Client agree that Performing Party shall retain sole and exclusive right, title, and interest in and to all Performing Party Proprietary Materials. Receiving Party may: (i) modify existing Performing Party workflows; (ii) utilize enhanced Performing Party workflows developed by Performing Party; or (iii) develop new source code and computer programs (collectively, ÐCustomized CodeÑ) to automate Services at the indicated cost, however, neither Receiving Party nor its Client shall own or have any rights to the Customized Code created or customized by Performing Party in performance of the Services other than as expressly set forth under this Section. If applicable, Performing Party shall be billedfor the time to create or customize Customized Code used to enhance the Services being provided to Client. Additionally, Performing Party is under no obligation to support, upgrade, or otherwise maintain /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ѝ www.areteir.com Customized Code unless otherwise expressly agreed in writing between the parties and subject to additional fees as agreed. Customized Code shall be licensed to the Receiving Party or Client under the same licensing terms, conditions and restrictions of any software license agreement between Receiving Party and Performing Party with which such Customized Code is utilized. 7.3 Trademarks. No Party shall use any service mark or trademark of the other Parties, or refer to any other Party in connection with any product, equipment, promotion, or publication without the prior written consent of the applicable Party. 8.NON-EXCLUSIVITY This Agreement is not exclusive. Each Party reserves the right to contract with other firms, companies, partnerships, individuals, or any other entities during the Term of this Agreement and thereafter to provide or procure services of any kind, includingservices similar to the Services performed by the Performing Party hereunder. 9.DISCLAIMER OF WARRANTIES; WAIVER 9.1 Warranties.Performing Party warrants that its personnel are adequately trained and competent to perform the Services, and the Services shall be performed in a professional manner in accordance with the applicable SOW and this Agreement. Except as expressly stated in this Agreement, Performing Party (including its affiliates, subcontractors and agents) and each of their respective employees, directors and officers makes no express or implied warranties with respect to any of the products, Services or customer reports, including but not limited to, any warranty of merchantability, fitness for a particular purpose, performance, suitability or non- infringement, or any warranty relating to third-party purchases. 10. INDEMNIFICATION 10.1 Indemnify. Each Party each agrees to indemnify, defend and hold harmless the other Parties and their affiliates, directors, officers, partners, counseland of-counsel, associates, employees, agents, successors and assigns (collectively, the ÐOther Party IndemniteesÑ) from and against all liabilities, losses, damages and costs (including reasonable attorneysÓ fees) (collectively, ÐLossesÑ) they may suffer as the result of third party actions, judgments, claims, suits, or demands against them resulting from or arising out of: (a) the negligence, recklessness or willful misconduct on the part of the indemnifying Party; (b) the failure by the indemnifying Party to comply with applicable laws in connection with the exercise of any of its rights or the performance of any of its obligations hereunder; and/or (c) any breach of this Agreement by the indemnifying Party. The foregoing indemnification obligation shallnot apply to Losses to the extent that such Losses result from or arise out of: (i) the gross negligence, recklessness or willful misconduct on the part of any of the Other Party Indemnitees; (ii) the failure by the Other Party Indemnitees to comply with applicable laws; or (iii) any breach of this Agreement by the Other Party Indemnitees. The indemnified Party agrees to promptly notify the indemnifying Party in writing of any indemnifiable claim and give such indemnifying Party the opportunity to defend or negotiate a settlement of any such claim, at such indemnifying PartyÓs expense, in defending or settling such claim. Notwithstanding the foregoing, the indemnified Party may, at its own expense, /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ў www.areteir.com assist in such defense if it so chooses. This Section 10.1 shall survive any expiration or termination of this Agreement. 10.2Company Data. Each Party retains responsibility for compliance with all laws, regulations, or other authorities governing any data, information, materials, software, or other items ofany nature provided by such Party to the other Parties in connection with this Agreement, or to which a Party provides access or authorizes the other Parties to access in connection with this Agreement (such data of Client, ÐCompany DataÑ). Each Party re presents and warrants that it has sufficient rights under applicable law to permit the other Parties to access, use or otherwise process any personal data it makes available to such other Parties. Counsel and Client will provide Performing Party with access and use of Company Data to the extent required to perform the Services under this Agreement or applicable SOW. 11.LIMITATION OF LIABILITY 11.1 General Liability. Absent gross negligence or intentionally harmful acts on the part of a Party, in no event shall any PartyÓs aggregate liability (including any liability of its affiliates, or its or their directors, partners, counsel or of-counsel, associates, officers, employees, shareholders, vendors, subcontractors, representatives and agents) for damages arising under or in relation to this Agreement exceed the total amount paid or payable by Client under the Agreement, however caused, regardless of whether arising under contract, tort (including negligence), strict liability or otherwise, and regardless of whether such party knew, had reason to know or should have known of the possibility of such damages. This Section does not limit any PartyÓs indemnification obligati ons or any liability arising from a breach of the confidentiality provisions contained in Section 14 of this Agreement. 11.2 Performance Liability. Without limiting the generality or applicability of the foregoing, and absent a written disclaimer on that limitation set forth in an applicable SOW, Receiving Party shall not seek, and Performing Party shall not be liable for, any damages arising from or in relation to any actual or alleged failure by Performing Party to: (a) detect or identify any security or n etwork threats to or vulnerabilities of ClientÓs networks or other facilities, assets, or operations; (b) prevent intrusions into or any damage to ClientÓs networks or other facilities, assets, or operations; or (c) meet or help Client meet any industry standard or any other requirements, including the payment card industry data security standard. In no event shall this Section 11.2 be deemed to have failed of its essential purpose, and Client shall not allege or claim the foregoing. 11.3 Inherent Risk. Both Receiving Party and Client acknowledge and agree that, due to the nature of the Services, the provision of Services may cause, and Performing Party is not liable for, any disruptions of and/or damage to the information systems, or the information and data contained therein, of the Receiving Party, Client or any other third party. This includes any or all of the following: 1.loss or corruption of data; /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Џ www.areteir.com 2.denial of service resulting in downtime or loss of network connectivity in or at facilities, servers, workstations, network appliances, web applications, and web sites owned or operated by the Receiving Party, Client, or other third party; 3.the corruption of any server or workstation operating system; 4.the potential loss of data in the event that Performing Party determines that performance of its Services requires reload or reinstallation of an operating system on any server, workstation, or other appliance; 5.access to corporate user accounts; 6.viewing of data on network including email traffic, web traffic, and file transfer traffic; 7.any potential impact to production systems resulting in transaction loss; or 8.the potential compromise of any computer, server, workstation, or other system resulting from work performed by the Performing Party that may make any such device vulnerable to attack. 12.EXCLUSION OF CONSEQUENTIAL DAMAGES In no event shall any Party or their affiliates, or its affiliates, directors, partners, counsel or of-counsel, associates, officers, shareholders, employees, representatives and agents, vendors, subcontractors, be liable for any consequential, indirect, punitive, incidental or other special damages of any kind arising under or in relation to this Agreement, however caused, including loss of profits or revenue, work interruption, loss of data, increased cost of work, or any claims or demands against it by any other entity, regardless of whether arising under contract, tort (including negligence), strict liability or otherwise, and regardless of whether such party knew, had reason to know or should have known of the possibility of such damages. In no event shall this Section 12 be deemed to have failed of its essential purpose, and neither party shall allege or claim the foregoing. This Section does not limit any PartyÓs indemnification obligations or any liability arising from a breach of confidentiality. 13.COLLABORATION 13.1 Cooperation. Client agrees to comply with all reasonable requests from Performing Party that are necessary for it to perform the Services and to provide access to all documents, artifacts, systems, networks, computers, and any other Client information reasonably necessary for Performing Party to perform its duties under this Agreement. In providing Performing Party with access to such documents, artifacts, systems, networks, computers, and any other Client information, Counsel acknowledges and represents that it has the authority to provide Performing Party and, where applicable, its subcontractors with such access. Performing Party shall be entitled to rely upon any instructions by Counsel regarding this Agreement or the Services performed under any SOW. Performing Party agrees to comply with reasonable requests of Counsel in order for Performing Party to perform its duties under this Agreement. Client further acknowledges and agrees that in connection with a ransomware negotiation, it may be necessary to provide encrypted file samples to a third party to determine Ðproof of lifeÑ or proof of decryption capability. These files could contain personal data for which Client is solely responsible. By granting permission to Arete to upload encrypted file samples in connection with proof of life decryption validation, Client agrees to indemnify, defend, and hold harmless Arete as set forth in Section 10.1. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋А www.areteir.com 13.2 Reasonable Efforts. Performing Party agrees to use good faith and commercially reasonable efforts to avoid any damage to the information systems or data of Client or any third party, and, if possible, to provide Client and Counsel with advance notice of any activity for which there is a reasonable likelihood that such systems or data could bedamaged. 14.CONFIDENTIAL INFORMATION 14.1 Identification. The party disclosing Confidential Information or otherwise deemed the owner of the Confidential Information is the conveyor (ÐConveyorÑ) and the party receiving Confidential Information is the recipient (ÐRecipientÑ). 14.2 Confidential Information. For the purpose of this Agreement, confidential information means information relating to the Conveyor or its current or proposed business, ClientÓs data, including, but not limited to, financial statements, budgets and projections, customer identifying information, potential and intended customers, employers, products, computer programs, specifications, manuals, software, hardware, methods, analyses, strategies, marketing plans, business plans, Derivative Materials (defined below), and other confidential information, whether provided or accessed orally, in writing, or by any other media, that was or will be provided or shown to, or obtained by, the Recipient. Confidential information also includes any information that is conspicuously marked or otherwise identified as confidential or proprietary at the time of disclosure; or should reasonably be understood by the Recipient to be confidential based upon the nature of the information disclosed or the circumstances of the disclosure (collectively, ÐConfidential InformationÑ).Arete will be providing Services under the direction of Counsel as legal counsel to Client in anticipation of litigation or other legal proceedings, and/or for the purpose of assisting Counsel in providing legal advice or related legal services to Client, Arete shall cooperate with Counsel in protecting the Parties' communications and work product from disclosure under the attorney-client privilege, work product doctrine or other applicable privileges or protections.If in the course of examination of computers, telephones, or other electronic devices, digital storage media or other electronic media, software content or materials in any format, Arete observes or otherwise encounters what it believes to be illegal contraband, including but not limited to child pornography, Arete reserves the right to disclose such materials and all facts concerning such materials and discovery to civil and/or criminal law enforcement authorities, with or without prior notice to Client or ClientÓs legal counsel. 14.3 Derivative Materials. For the purpose ofthis Agreement, derivative materials mean all notes, analyses, compilations, studies, summaries, and other material, whether provided orally, in writing, or by any other media, that contain or are based on all or part of Confidential Information (the ÐDerivative MaterialsÑ). 14.4 Notification. The Conveyor shall identify Confidential Information disclosed orally within three (3) days of disclosure. The ConveyorÓs failure to identify information as Confidential Information is not an acknowledgment or admission by the Conveyor that that information is not confidential, and is not a waiver by the Conveyor of any of its rights with respect to that information. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Б www.areteir.com 14.5 Permitted Use and Disclosure. Recipient shall use Confidential Information only for the purpose of, and in connection with, (i) where Arete is the Recipient, to perform Services under the Agreement; and (ii) where Client and Counsel are the Recipients, to receive the benefit of the Services under this Agreement. Recipient may disclose Confidential Information to its directors, officers, employees, contractors, advisors, and agents (collectively, ÐRepresentativesÑ), so long as such individuals have a need to know in their work for Recipient in furtherance of the potential or continued business transaction or relationship and are bound by obligations of confidentiality at least as restrictive as those imposed on Recipient in this Agreement. 14.6 No Reverse Engineering. The Recipient or its representatives may not reverse engineer, disassemble, or decompile anyprototypes, software, or other tangible objects that embody the ConveyorÓs Confidential Information and that are provided to the Recipient under this Agreement. 14.7 Protection Period. The Recipient shall, and shall require its Representatives to, maintain th e confidentiality and security of the ConveyorÓs Confidential Information until the earlier of: (i) such time as all Confidential Information of the Conveyor disclosed under this Agreement becomes publicly known and is made generally available through no action or inaction of the Recipient or (ii) the fifth anniversary of the disclosure. However, to the extent that the Conveyor has disclosed information to the Recipient that constitutes a trade secret under law, the Recipient shall protect that trade secretfor as long as the information qualifies as a trade secret. 14.8 Data Protection. Notwithstanding Section 10.2, Performing Party agrees and acknowledges that in the course of performing the Services it may possess in systems at Receiving PartyÓs facility electronically stored information (ÐStored InformationÑ) that satisfies the definition of Confidential Information. Performing Party agrees to use commercially reasonable efforts to protect such information from the access or acquisition of such data by an unauthorized third party. To the extent that the Performing Party utilizes the services of a subcontractor, Performing Party acknowledges that this Section 14 applies equally to any subcontractor and Performing Party warrants that any subcontractor will possess a level of security and data protection equal to the Performing Party. 14.9 Irreparable Harm. The Parties acknowledge that the Confidential Information under this Agreement may constitute unique, valuable and special trade secret and business information of the Conveyor, and that disclosure thereof may cause irreparable injury to the Conveyor. Accordingly, the Parties acknowledge and agree that monetary damages may not be adequate in the event of a default of this Section 14 by the Recipient and, therefore, that the Conveyor may be entitled to injunctive or other affirmative relief and/or to terminate this Agreement, without such constituting an election of remedies. 14.10 Return of Confidential Information. If a Conveyor requests, the Recipient shall, and shall cause each Recipient Representative to promptly (and no later than thirty (30) days after the request) return all Confidential Information to the Conveyor and destroy all Derivative Material and, within thirty (30) days of this destruction, provide a written certificate to the Conveyor confirming this destruction. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋В www.areteir.com 14.10.1 Data Retention and Deletion for Incident Response Engagements. In addition to any request made under Section 14.10by Client as Conveyor for return and destruction of data, Client otherwise understands and agrees that Client data for incident response engagements will be maintained by Arete until thirty (30) days after the forensic investigation report is delivered toCounsel (or Client if no Counsel) or if no report is requested, thirty (30) days after the final forensics update call, at which time Arete will provide written notice to Counsel of project closure and the deadline to request return of data. After thirty (30) days, Arete will no longer be responsible for Client data and will have it deleted. 14.10.2 Data Retention and Deletion for Data Mining Breach Notification Services Engagements. In addition to any request made under Section 14.10by Client as Conveyor for the return and destruction of data, Client otherwise understands and agrees that Client data for data mining breach notification services engagements will be maintained by Arete for sixty (60) days after the breach notification report is delivered to Counsel for Client as the project is complete. After sixty (60) days, data hosting charges will apply in accordance with the monthly per gb rate stated in the SOW. 14.11 Confidential Information Exclusions. The obligations and restrictions of this Agreement do not apply to that part of the Confidential Information (excluding personal data) that the Recipient demonstrates: (a)was or becomes generally publicly available other than as a result of a disclosure by the Recipient in violation of this Agreement; (b)was or becomes available to the Recipient on a nonconfidential basis before its disclosure to the Recipient by the Conveyor, but only if: (i)the source of such information is not bound by a confidentiality agreement with the Conveyor or is not otherwise prohibited from transmitting the information to the Recipient or a Recipient Representative by a contractual, legal, fiduciary,or other obligation; and (ii)the Recipient provides the Conveyor with written notice of such prior possession either: (A) before the execution and delivery of this Agreement or (B) if the Recipient later becomes aware (through disclosure to the Recipient) ofany aspect of the Confidential Information as to which the Recipient had prior possession, promptly on the Recipient so becoming aware; or (c)is requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar process), or is required by a regulatory body, to be disclosed. However,unless prohibited by law,the Recipient shall: /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋ЊЉ www.areteir.com (i)provide the Conveyor with prompt notice of any such request or requirement before disclosure so that the Conveyor may seek an appropriate protective order or other appropriate remedy; and (ii)provide reasonable assistance to the Conveyor in obtaining any such protective order. If a protective order or other remedy is not obtained or the Conveyor grants a waiver under this Agreement, then the Recipient may furnish that portion (and only that portion) of the Confidential Information that, in the written opinion of counsel reasonably acceptable to the Conveyor, the Recipient is legally compelled or otherwise required to disclose. The Recipient shall make reasonable efforts to obtain reliable assurance that confidential treatment will be accorded any part of the Confidential Information so disclosed; (d)or was developed by the Recipientindependently without breach of this Agreement. Notwithstandingany of the foregoing confidentiality provisions or other provisions herein to the contrary, Client and Counsel hereby agrees that any digital storage devices provided to Arete for examination or analysis may have previously existing damage or defects for which Arete is not responsible, and for which Arete assumes no liability.If at any time Arete becomes aware of or have reason to believe that any digital storage devices provided or made available to Arete contain contraband, for example contraband images, which we reasonably believe are unlawful to possess, we reserve the right to inform appropriate authorities. 15.LEGAL COMPLIANCE To the extent the Services include any ransomware negotiation, obtaining ransomware decryption key or validation of ransomware decryption key, bitcoin or other cryptocurrency payment, or similar ransomware services, Arete will perform any applicable diligence required by the Office of Foreign Assets Control of the US Treasury Department, including utilizing the Specialty Designated Nationals and Blocked Persons List, and Arete will also perform any applicable diligence required of a Money Services Business by the Financial Crimes Enforcement Network, including utilizing Suspicious Activity Reports as part of its AML program. Notwithstanding the foregoing, AreteÓs obligations under this Section shall be limited to performing the applicable diligence, and anyreporting required of it under applicable law. Any reporting obligations to the United States Federal Bureau of Investigations or any other obligations or compliance matters shall be the sole and exclusive obligation of Counsel and Client, and Client shall indemnify, defend and hold harmless Arete and its agents and representatives from any Losses resulting from the same. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋ЊЊ www.areteir.com 16.ENTIRE AGREEMENT; MODIFICATIONS This Agreement, along with any SOW executed and incorporated herein by reference, contains the entire understanding and agreement between the Parties relating to the Services or the subject matter hereof, and supersedes all prior and collateral understandings, and agreements, if any, between the Parties (in any form, including written or oral). Each Party acknowledges and agrees that no representations, inducements, promises, understandings or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, that is not contained in this Agreement, and that no other representation, inducement, promise, understanding or agreement not contained in this Agreement or subsequent SOW executed under this Agreement will be valid or binding. This Agreement is not subject to change or modification except by written agreementsigned by the Parties. 17.GOVERNING LAW 17.1GoverningLaw. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida and the laws applicable therein, without reference to its principles of conflict of laws. All controversies or disputes arising out of this Agreement shall be heard in either the State of Florida courts residing in Palm Beach County, Florida or the U. S. District Court for the Southern District of Florida. 17.2Dispute Resolution. Except for the right of either Party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, all disputes, controversies or claims bet ween the Parties arising under or in relation to this Agreement (a ÐDisputeÑ) shall be settled, to the extent possible, by good faith negotiations within thirty (30) calendar days following a request by either Party for resolution of a Dispute. 18.PUBLICITY Any publicity or advertising in connection with the subject matter of this Agreement or executed SOW proposed by a Party shall be subject to the prior written approval of the other Parties, as applicable. 19.FORCE MAJEURE No failure or omission by the Parties in the performance of any obligation of this Agreement will be deemed a breach of this Agreement or create any liability if the same arises from any cause or causes beyond the control of the Parties, including, but notlimited to, the following: acts of God; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority or by any officer, department, agency or instrumentality thereof; fire; flood; storm; earthquake; accident; war; rebellion; insurrection; riot; and invasion (ÐForce Majeure EventÑ). The affected Party shall notify the other Parties of such Force Majeure Event as soon as reasonably practical, and shall promptly undertake all reasonable efforts necessary to cure such event. If the period of nonperformance due to a Force Majeure Event exceeds three (3) calendar days from receipt of the notice of the Force Majeure Event, then the non-affected Parties may terminate this Agreement immediately upon written notice to the affected Party. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋ЊЋ www.areteir.com 20.SEVERABILITY Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be ineffective only to the extent of such invalidity or unenforceable, and the remaining provisions of this Agreement shall not be affected thereby, and each such remaining provision of this Agreement will continue in full force and effect without being impaired or invalidated in any way. 21.NON-WAIVER The failure of a Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement bythe other Parties shall not be deemed a waiver of that term, covenant, or condition. No PartyÓs failure or neglect to enforce any of the rights under this Agreement will be deemed a waiver of that PartyÓs rights. 22.SURVIVAL All provisions that logically ought to survive termination of this Agreement shall survive. 23.NOTICES Any notices required to be given under this Agreement by a Party to the others shall be in writing and shall be sent as follows (and shall be deemed to have been duly given as indicated in parenthesis in the following): (a)personally served (at the time of delivery); (b)pre-paid nationally recognized overnight courier service with evidence of receipt required for delivery (upon receipt as indicated by such evidence of receipt); (c)registered or certified mail, return receipt requested, postage prepaid (upon receipt, as indicated by such return receipt); or (d)e-mail with evidence of receipt and followed by delivery of a copy of the notice by first class mail (upon receipt); in all such cases addressed to the Parties at the addresses set forth below. Either Party may change its address to which said notice shall be delivered by giving written notice of such change to the other Party, as herein provided. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋ЊЌ www.areteir.com Notice shall be provided to: Notices to Arete shall be sent to:Notices to Counsel shall be sent to: Arete Advisors, LLC McDonald Hopkins LLC 4800 T-Rex Avenue, Suite 350 39533 Woodward Avenue, Suite 318 Boca Raton, FL33431 Bloomfield Hills,MI48304 Attention: Evelyn Minnick Attention: Dominic Paluzzi Email: eminnick@areteir.com Email: dpaluzzi@mcdonaldhopkins.com Notices to Client shall be sent to: CIty Of Centerville 1880 Main Street Centerville, MN55038 Attention: Mark Statz Email: mstatz@centervillemn.com 24.INTERPRETATION The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Each Party hereto has participated in the drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties, and consequently this Agreement shall be interpreted without reference to any rule or precept of law to the effect that any ambiguity in a document be construed against the drafter. 25.SERVICES AND EVENT DATA Arete independently compiles anonymized statistics, analytics, and other information derived therefrom , related to the Services, Deliverables, and events encountered by Arete while performing the Services, including with respect to events affecting its clients (collectively, the Ð Services and Event Data Ñ). Arete exclusively owns all right, title and interest in and to the Services and Event Data, including all intellectual property rights therein and thereto, and has the right to use, disclose, and license the Services and Event Data for any purpose as determined by Arete in its sole discretion, including for security and operations management, research, and development. Arete agrees that the Services and Event Data will not incorporate directly or indirectly information that specifically identifies Client or ClientÓs unique legal or operational circumstances. 26.COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all such counterparts taken together shall constitute one and the same agreement. Signatures delivered by email or facsimile shall be effective. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋ЊЍ www.areteir.com 27.ELECTRONIC SIGNATURES The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signaturesfor the purposes of validity, enforceability, and admissibility. \[SIGNATURE PAGE FOLLOWS\] /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋ЊЎ www.areteir.com IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly-authorized representatives. ARETE ADVISORS, LLCMCDONALD HOPKINS LLC Signed:Signed: _______________________________________________________ Evelyn MinnickDominic Paluzzi Chief Administrative OfficerMember Arete Advisors, LLCMcDonald HopkinsLLC Date: __________________Date: __________________ CITY OF CENTERVILLE Signed: _________________________________ Mark Statz City Administrator CIty Of Centerville Date: __________________ /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋ЊЏ www.areteir.com EXHIBITA STATEMENTOFWORK This Statement of Work (ÐSOWÑ), dated July 25, 2024,is entered into pursuant to the Master Services Agreement (ÐAgreementÑ), dated July 25, 2024,and among Arete Advisors, LLC, a Florida limited liability company having a place of business at 4800 T-Rex Avenue, Suite 350, Boca Raton, FL 33431(ÐAreteÑ), McDonald Hopkins LLC, a law firm having a place of business at 39533 Woodward Avenue, Suite 318, Bloomfield Hills, MI 48304(ÐCounselÑ), as counsel for and on behalf of CIty Of Centerville, having a place of business at 1880 Main Street, Centerville, MN 55038 (ÐClientÑ) (Arete, Counsel, and Client are each a ÐParty,Ñ and collectively the ÐPartiesÑ). All capitalized terms not otherwise defined in this SOW shall be defined as set forth in the Agreement. 1.Services. Overview: Arete Advisors will perform forensics investigative services including: Conduct a forensics analysis to determine scope of attack, whether there was exfiltration of data, and assure a clean bill of health. I.Incident Response Support Arete will provide support for the overall Investigation effort including recommendations, validation of measures taken, review of architecture andsecurity controls and malware specific mitigation measures. Provide client updates and coordination. II.Forensics Analysis Artifacts and Malware -Logs Arete will perform analysis on the available email logs consisting of message trace logs, unified audit logs, and exchange logs looking for malicious behavioral patterns, evidence of compromise, indications of financial or wire fraud, rule creation, and evidence of access to and/or exfiltration of sensitive data. Arete will analyze one (1) email instance forevidence of threat actor behavior.This analysis is limited to one (1) M365 Email Tenant (ÐTenant EnvironmentÑ) orone (1) MS Exchange Server (ÐExchange EnvironmentÑ) only. Additional hours are required for analysis of any environment other than Tenant Environment or Exchange Environment. Arete will examine the mailboxes of up to three (3) identified compromised accounts within the Tenant Environment or Exchange Environment for phishing emails and external outbound email transfers. Additional hours arerequired for examination of activity beyond three (3) instances/transfers/ or accounts, including multiple frauds, multiple accounts, or wire transfers. III.OPTIONAL -Report of Findings AreteÓs analysis will include the production of a forensic update presentation and technical appendix to Client and Counsel, if requested by Counsel, containing the findings of the forensics investigation and security validation. Arete will produce a written report for an additional fee, if requested by Counsel. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Њ www.areteir.com IV.OPTIONAL-Targeted Message Extraction Only if requested by counsel, a report will be generated indicating MessageIDÓs that were accessed (if available). Arete will perform a custom extraction to process and export the accessed messages for further review. Flat fee pricing for this service is as follows: o 0-50 GB of data: $1,000 o 51-100 GB of data: $2,000 o 100+ GB of data: custom quote o Under flat fee, up to 250 documents will be included for DBAS document review to identify and report on PII/PHI within identified extracted messages. 2.Hourly Rates. Arete shall perform all work at the League of MN cities discounted rate as detailed below: r TaskNotesRate/HourHours Task PriceOptional TaskTotal with EstimateOptional Business Email $5,900.00$5,900.00 Compromise OPTIONAL -Report of $2,430.00$2,430.00 Findings OPTIONAL -Targeted $2,000.00$2,000.00 Message Extraction Sub Total Labor$5,900.00$4,430.00$10,330.00 Project Management & $420.00$420.00 Administration Estimated Labor$6,320.00$4,430.00$10,750.00 Travel Expense at CostTBD if needed Estimated Labor Cost$6,320.00$4,430.00$10,750.00 * Estimated Price is a time and materials estimate. Travel and Other Direct Costs (ODC) costs, if specified, are in addition to labor and are generally estimated to be less than 20% of the labor price. Travel hours will be billed at 50% of the labor rate. Our estimate is based upon information known at this time. We will not exceed estimated price without prior client written approval. 3.Schedule for provision of Services and Deliverables. Work will commence on a mutually agreed upon date. All work to be completed on a time and materials basis shall be accompanied by an estimate. 4.Materials. Arete may purchase equipment, materials, software, and other non-labor items necessary for providing Services under a SOW (ÐMaterialsÑ). The Client and Counsel must first approve the purchase of any such Materials. The ownership of Materials purchased by Arete in connection with the Services performed under the SOW shall be set forth therein. /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ћ www.areteir.com 5.Travel and Expenses. Client, and not Counsel, shall reimburse Arete for pre-approved direct expenses reasonably incurred in connection with the performance of Services (ÐExpensesÑ). Arete shall keep records sufficient to substantiate all Expenses claimed. 6.Invoices. Invoices from Arete shall include a summary of all costs, fees, and/or Expenses to be reimbursed by Client. Invoices shall be sent via direct or electronic mail to the following point of contact: Client Point of Contact: CIty Of Centerville 1880 Main Street Centerville, MN 55038 Attention: Mark Statz Email: mstatz@centervillemn.com 7.Payment. Unless otherwise specified herein, Arete shall submit invoices to Client for Services on a monthly basis.Such invoices shall be supported by appropriate documentation as required by the Client and Counsel.Client shall pay Arete for the Services performed within thirty (30) days of the date of invoice. Arete acknowledges and agrees that Counsel has no payment responsibilities under this Agreement and will look solely to Client for payment hereunder. Payment Obligations: Notwithstanding the foregoing, any failure to make such contact or obtain such approval from the ClientÓs insurance provider shall not provide any limitations to Arete's right to collect payment under this SOW. Similarly, any failure of Client's insurance provider to pay the applicable amounts to Arete, payment shall be Client's sole and exclusive liability and Client shall promptly make any such payments directly to Arete upon a provider's failure to pay. Please remit payments to: By Check:By EFT: Regular Mail: Arete Advisors, LLC Arete Advisors, LLC Truist Bank P.O. Box 919860 ABA/Routing Number: 263 191 387 Orlando, FL 32891 SWIFT: BRBTUS33 Account Number: 1100028989383 Overnight Delivery Address (FedEx and UPS): EIS Lockbox/Cust Svc FL-Orlando-7146 Attn: Arete Advisors, LLC, 919860 7699 Golf Channel Drive Orlando, FL 32819 /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ќ www.areteir.com Late Payments: Except for invoiced payments that the Client has successfully disputed, all late payments shall bear interest of 1% per month after the payment due date. The Clientshall also reimburse Arete for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneysÓ fees. The following Arete point of contact shall be responsible for the billing and collection of payment by Client: Arete Accounts Receivable Arete Advisors, LLC 4800 T-Rex Avenue, Suite 350 Boca Raton, FL, 33431 Email: AR@areteir.com 8. Taxes. The pricing set forth herein or otherwise provided by Arete under this Agreement for Services does not include applicablefederal and state sales and use taxes (collectively ÐTaxesÑ). Arete will include Taxes as a separate line item in its invoice(s) to Client, and Client will pay all Taxes incurred or due under the Project. By checking this box, Client confirms it is atax-exempt organization. Upon providing documentation confirming its tax-exempt status, Arete shall not include applicable taxes upon the Services provided. \[SIGNATURE PAGE FOLLOWS\] /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ѝ www.areteir.com IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly-authorized representatives. ARETE ADVISORS, LLCMCDONALD HOPKINS LLC Signed:Signed: ______________________________________________________ Evelyn MinnickDominic Paluzzi Chief Administrative OfficerMember Arete Advisors, LLCMcDonald Hopkins LLC Date: __________________Date: __________________ CITY OF CENTERVILLE Signed: _______________________________ Mark Statz City Administrator CIty Of Centerville Date: __________________ /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ tğŭĻ΋Ў www.areteir.com Administrator’sReport August 14, 2024 2024 ELECTIONS UPDATE Municipal Elections Affidavits of Candidacy will be accepted from Tues., July 30, 2024—Tues., August 12, 2024, during City Hall office hours (M-F, 7:30-4) and Tues., August 13, 2024, from 7:30-5. Offices for which Affidavits of Candidacy will be accepted are: Mayor (2 Year Term, 2025-2026); 2 Council Member seats (4 Year Term, 2025-2028) and 1 Council Member seat (special election, 2 Year Term, 2025-2026). The fee is $2. The Affidavit of Candidacy is available on the Secretary of States Office website, must be notarized andthe dates should coincide with July 30, 2024–August 13, 2024. Staff would recommend that if you are interested in running for office, you stop by City Hall to obtain a packet. If you have any questions, please contact City Hall and ask for elections. PARKS & RECREATION Fete des Lacs Thank you to all those who came out to participate in this year’s Fete des Lacs celebration. The city wishes to especially thank the Centerville Lions Club, Centennial Lakes Police Department and the Centennial Fire District for putting on a great week of events. Parade If you didn’t get a chance to see the parade, check outthe North Metro TV broadcast, on their YouTube channel: https://youtu.be/HshbmWmorE4 Music in the Park Music in the Park wrapped its 2024 season last week with a great performance from On Tap. Attendance this year averaged over 125 people, with as many as 250, the week of Fete des Lacs. A number of Thank-You’s are due: First, thanks to all of our performers,for sharing your talents at a home-town discount price. Next, thank you to our partners at Carbone’s for being a reliable food vendor. It’s great to have a local business be a part of our programming. Finally, the Parks and Recreation Committee wishes to thank their colleague, Brian Peterson for his tireless efforts, booking bands, setting up, running the sound board, and so much more. See you again next season! Vacancy on the Parks & Recreation Committee The Parks & Recreation Committee interviewed a candidate for the open seat on the board at its last meeting. A recommendation was put forward for consideration by the City Council. If the recommended appointment is accepted, the committee will again be full. Playground Equipment Replacement Plan At their August meeting, the Parks and Recreation Committee discussed their long-term Capital Equipment Replacement Plan. The city’s 5 playgrounds were installed during a 12-year spurt of development, between 1996 and 2008. Now approaching 25 to 30 years in service, these facilities are showing their age and are in need of replacement, or substantial repairs. The committee reviewed the financial impacts of replacing all 5 in a short span, eventually landing on a plan to immediately complete some needed repairs to ensure safety, while spreading the replacements out over a more manageable 15 year timeframe. The city council will review this plan and consider whether the impacts to the 2025 budget are feasible at their August 28 meeting. Main Street Market Aarf, aarf, yip, yip, bark, bark, grrrrr…Let me help you out if you don’t have a translator app on your phone: Thanks to everyone for coming out to watch our pet parade. We had over 350 visitors to Pet Night at Main Street Market. Next up is Kids Night, August 15, 2024, featuring crafts, games, touch-a-truck, face painting and a bounce house along with 25 vendors to peruse. The Market runs from 5:30 to 7:30 on Thursday nights on Centerville Road, north of Main Street, next to the Elementary School Parking Lot. 2024 ELECTIONS UPDATE (Cont’d) State Primary Direct Balloting (Ballot is placed directly into the ballot counter) is available either at City Hall or Anoka County Elections Office (Special Hours: August 10, 2024, Sat., 9-3 and August 12, 2024, 7:30-5). Primary Election Day is August 13, 2024, from 7 a.m.—8 p.m. and Centerville’s polling place is located at St. Genevieve’s Community Parish Center (Fellowship Hall), 6995 Centerville Road, Centerville, MN 55038. Offices on the ballot are: United States Senator & United States Representative, District 6. During the Primary, you must stay within Party lines which means you vote solely within a party and there are no crossing Party lines. Testing of the equipment has commenced, and the Public Accuracy Testing is scheduled for July 24, 2024 at 9 a.m. and open to the public. Stop on in. State General Absentee Voting (Envelope process) for the State General Election will commence Friday, September 20, 2024—October 17, 2024, M-F, 7:30-4 you may vote early either by requesting an Absentee Ballot from Anoka County Elections or appearing at City Hall. October 18, 2024—November 1, 2024, M-F, 7:30-4, you may vote via Direct Balloting (Ballot is placed directly into the ballot counter) either at City Hall or Anoka County Elections Office. (Special Hours: October 26, 2024, Sat. 9-3, October 29, 2024, Tues. 7:30- 7, November 2, 2024, Sat., 9-3, November 3, 2024, Sun. 9-3 and Mon., November 4, 2024, 7:30—5). General Election Day is November 5, 2024, from 7 a.m.—8 p.m. and Centerville’s polling place is located at St. Genevieve’s Community Parish Center (Fellowship Hall), 6995 Centerville Road, Centerville, MN 55038. CENTERVILLE CARES Anoka County - Anoka Senior Driver Accident Prevention Anoka County - Anoka, Minnesota 55 Alive Course - The State of Minnesota has authorized an aging mature senior driver aged 55 and over to get a mandatory insurance discount on their existing car insurance premiums when theytakethisonline course. The Minnesota 55 Alive or Senior Driving Improvement Course is also known as the Mature Driver Accident Prevention Course and is approved to be taken online by "I Drive Safely". This Minnesota 55 Alive is a Minnesota local affiliate of "I Drive Safely-Minnesota". To learn moreabout the program or to sign up, click here. ECONOMIC DEVELOPMENT Quad Area Chamber Calendar August 8, 2024 – Quad Area Chamber Board Meeting – 12:00pm-1:00pm – Online August 15, 2024 – Lunch-n-Learn – 12:00p.m.-1:00p.m. – Centennial Library in Circle Pines August 28, 2024 – Nosh & Network – 5:00p.m.-7:00pm – T and Nae Flower Farm in Hugo Local Government Aid (LGA) Many years ago, the state of Minnesota instituted a system of direct financial aid to cities to bridge the gap between cities with similar needs, but vastly different tax bases. Aging cities with declining populations and deteriorating housing stock were at a great disadvantage to newer, growing communities. A formula was put together, which accounts for these factors, among others and divides the appropriation based on the formula. Thisyear, the city received around$25,000. In 2025, we are slated to receive$0.Of the 854 Cities in Minnesota, Centerville was one of just 105 to not receive any State Aid in 2025. By contrast, some of our neighboring cities of similar population, receive around $400,000 - $500,000. Centerville continues to lobby for changes to this formula to provide less fluctuation and an opportunity for all communities to receive some aid. Met Council Population Estimates Each year, Met Council goes through an exhaustive process to estimate city by city population and households based on the most recent census, and their records of sewer connections. Estimates are certified mid-year, for the previous calendar year. Among other things, we use this information to calculate our contributions to our joint police and fire organizations. Here are the final numbers for Anoka County Communities: ADMINISTRATION Meeting and CityHallSchedule August 21, 2024, 5:30 p.m. – Economic Development Authority August 28, 2024, City Council Work Session, 5:00 p.m.,6:30 Regular Meeting September 2, 2024 – City Hall Closed – Labor Day September 3, 2024, 6:30 p.m. – Planning & Zoning Commission September 4, 2024, 6:30 p.m. – Parks & RecreationCommittee ENGINEERING TH 20Avenue (CSAH 54) Corridor Study The City Council has approved the Corridor Study. Next steps will be to work with the county and the City of Lino Lakes to sync up our respective capital improvement plans so that we can begin budgeting for these improvements, many of which are 5 to 10 years out. PUBLIC WORKS Celebrating 30 Years The City’s long-standing Public Works Director and Building Official, Paul Palzer was recognized at a recent staff meeting for his 30years of service to the city. Paul began his career as the city’s first full-time employee, in 1994. Since that time, he has seen at least 8 City Administrators and 8 mayors come and go. Thank you, Paul, for your dedication to our city. Solar on Public Buildings Grant City staff have been working with representatives from the state procurement office who have assisted us in drafting and distributing a Request for Proposals for the design and construction of solar panels on city hall and the fire station. The proposals once received will be scored and the winning proposal will be presented to council for consideration. Staff would then submit our proposal for the final grant application. If accepted, construction could begin in the spring. Water Tower Consulting engineers, KLM, have finished their work in performing some tests on the tower’s paint to help understand the scope and timing of a repaint. Staff will be discussing the results of that report with the City Council at an upcoming workshop. Public Works Truck Replacements The 1-ton truck has been delivered and is now in service. CENTENNIAL LAKES POLICE DEPARTMENT Nite to Unite Residents across the city held their own neighborhood parties for Nite to Unite. First responders joined those that requested a visit. We’re Hiring The department has an opening for a full-time patrol officer. If you or anyone you know is interested in the position, please contact us at 763-784-2501. Police Governing Board The next meeting of the Police Governing Board will be held on August 12 at 7 PM at CLPD Headquarters. The public is always welcome to attend these meetings. CENTENNIAL FIRE DISTRICT We’re Hiring We’re hiring! Click here for more info, or to apply: https://www.centennialfire.org/services-2. COMMUNITY DEVELOPMENT 1687 Westview Street (LaLonde Property) There are no formal applications pending on the site at this time. stnd OldMill Estates 1 and 2 Additions The development security has been reduced to $20,000, pending receipt of approval from the Rice Creek Watershed District of the final wetland delineation. rd Addition Old Mill Estates 3 rd The developer of Old Mill Estates is proposing a 3 Addition concept that went before the Planning & th Zoning Commission for a “Concept Review” at their March 4, meeting. This subdivision was always a stnd part of the discussion when Old Mill Estates (1 and 2 Additions) was platted. However, the developer needed more time to work out wetland and power line easement issues. With some of those issues more in hand, the proposed subdivision would break up Lot 8, Block 2, into 4 lots (3 new lots). Block 7 Property (Downtown) A developer met with city staff on 7/23 to discuss a townhome style development. They are awaiting the decision on a moratorium before moving forward with further exploration of the project. 1737 Main Street (Block 3) No recent activity. Max Storage The developer is preparing to submit plans for Phase II of the development; a second building of the same size. The next building may contain fewer, larger units. Other than the change in the number of units, it looks like there won’t be any other changes to the site layout. Kwik Trip The city council approved a reduction in the development’s security, with the final escrow release coming at the end of the 2-year warranty period (Dec. ’24) Bay View Villas (Waterworks Site) Wetland permit issues have been resolved with the watershed. The developer was issued a final letter requiring action on the remaining punch list items prior to August 19. Drilling Estates A copy of the plat was circulated and signed by the Mayor and Clerk. It should be recorded soon. Marshall Properties The owner of 7216 and 7230 LaValle Drive has submitted several concept sketches for a 3 to 5 lot redevelopment encompassing the two existing lots. The 3 lot development would seek to align with R-2A zoning and would need minimal flexibility through a PUD. The two, 5-lot concepts would require PUD flexibility similar to that afforded the Bay View Villas development. The planning and zoning commission reviewed the concept plans at their July 9 meeting and had generally positive feedback for all of the options. We anticipate a preliminary plat application in the near future. 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