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2022-02-01 CC Agenda Packet
0 Zoom Meeting :�. ula)'si1a�Y3al6i`g�fuial:J_L� Unmute Start Video Tine heetoseac1 City Clerk Beth Wolf Stillwater Cam Murray i Stillwater Cam Murray Matthew DeBow Linda Countrym... Matthew DeBow if Linda Countryman Q Security • • 8 © 0 •s Participants Share Screen Record Reactions Leave 0 Participants (8) 1 Q Find a participant • City Clerk Beth Wolf (Co -host, me) O 0 0 0 0 X if Stillwater (Host) % 0 Councilmember Junker 4 Oa Stillwater AV } 01 Cam Murray 0 Linda Countryman Matthew DeBow %p 0 Stillwater Conference Room Oa Invite ^ 4)) 4:46 PM 2/1/2022 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING February 1, 2022 REGULAR MEETING 4:30 P.M. I.CALL TO ORDER II.ROLL CALL III.OTHER BUSINESS 1.Event Policy Discussion 2.Consider Options for Title Objection for 107 3rd St N; Case of Landucci Homes 3.ARPA Funds 4.Appointment of City Administrator – Resolution IV.STAFF REPORTS 5.Public Works Director 6.Police Chief 7.Fire Chief 8.Finance Director 9.Community Development Director 10.City Clerk 11.City Attorney 12.City Administrator 13.IT Manager 14.Library Director V.CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 15.January 18, 2022 Regular Meeting Minutes 16.January 22, 2022 Special Meeting Minutes 17.Payment of Bills 18.Case No. 2021-64 on Zoning Text Amendment to modify the fence code regulations – Ordinance 2nd Reading VI.COUNCIL REQUEST ITEMS VII.ADJOURN THE 7:00 P.M. MEETING HAS BEEN CANCELLED DUE TO THE 2022 CAUCUS 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 Website: www.ci.stillwater.mn.us TO: Mayor & City Council FROM: Tom McCarty, City Administrator Sharon Provos, Finance Director DATE: February 1, 2022 SUBJECT: American Rescue Plan Act (ARPA) Funding – Updates US Treasury Final Rule for the Coronavirus State and Local Fiscal Recovery Funds BACKGROUND INFORMATION: On January 6, 2022, the US Department of Treasury released the Final Rule for the Coronavirus State and Local Fiscal Recovery Funds. The Final Rule is comprehensive (over 400 pages in length) and provides greater clarity, flexibility and direction for rules that were already in effect under the Treasury Department interim rule for use of ARPA funds. One of the most significant changes in the final rule is in the “Replacement of Lost Revenue” for government services category. The final rule provides a “standard allowance” of $10 million of lost revenue for local governments and provides that “any service traditionally provided by local governments” are allowable expenses. The final rule also streamlines reporting requirements for local governments that utilize the “standard allowance” provision for allocation of ARPA funds. Local governments must choose to exercise the “standard allowance” provision prior to April 2022. The City of Stillwater’s ARPA funding allocation is $2,144,882, and the City Council has allocated $445,000 (20.7%) for eligible 2022 capital expenditures in the Responding to Public Health Emergency category. If the City Council were to exercise the “standard allowance” option, the remaining $1,699,882 of ARPA funds could be utilized for any service provided by local government. Regardless of whether the “standard allowance” option is selected, the City Council must encumber (allocate) the remaining ARPA funds by December 31, 2024 and spend the funds by December 31, 2026. Given the new “standard allowable” flexibility standards in the Treasury Final Rules that may be of benefit to the City of Stillwater, staff will provide a more detailed analysis and recommendation regarding the Treasury “standard allowance” option for City Council consideration. Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 225.40 3SI Security Systems Tracking service 709.00 Advance Auto Parts Supplies 87.56 Advanced Sportswear Embroidery on polos 2,518.50 Anchobaypro Inc Curve Crest Villas 34,511.11 AT&T Mobility 1735 Wireless card for locator 83.58 Auto Owners Insurance Company Flood Insurance 17,853.00 Axon Enterprises Tasers 2,911.85 Baker Tilly Municipal Advisors OSA TIF Reporting 3,500.00 Canteen Refreshment Services Concession supplies 2,068.60 Capital City Firefighter Assoc. Region 1 Membership 50.00 Cargill Inc. Deicer 22,962.00 Cintas Corporation Mat & uniform cleaning service 1,066.30 Coca-Cola Distribution Beverages for concessions 1,777.10 Comcast TV Internet & Voice 630.32 Coulee Bank Crosby Hotel 78,614.56 Crysteel Truck Equip Equipment repair supplies 1,321.16 Dalco Janitorial supplies 913.94 DVS Renewal License Renewal - 2 Years 943.25 ECM Publishers Public Hearing Publications 161.50 Elevage Hotel Group LLC Tax Increment 54,488.99 Emergency Automotive Vehicle repair supplies 524.43 Epson LabelWorks Store Tape cartridges 74.55 Fastenal Company Supplies 10.58 FleetPride Equipment repair supplies 43.06 Flexible Pipe Tool Co. Lift strap and manhole cover extractors 652.45 Fury Motors Equipment repair 452.29 Gopher State One Call Inc. Locates 50.00 GovHR USA Compensation study 10,125.00 Grainger Equipment repair supplies 184.82 Grand Pizza & Catering Catering sandwiches 416.03 Greiner Michael Reimburse for work boots 89.95 Group Medicareblue RX Retiree Prescriptions Ins 9,460.50 Guardian Supply Uniform supplies 201.95 Hawkins Inc Equipment repair supplies 1,561.44 Helkes Tree Service Tree Removal 31,250.00 Hoisington Koegler Group Inc Lumberjack Landing 27,386.52 I/O Solutions Inc. Firefighter exams 261.00 IDC Automatic Door repair 300.00 International Code Council Shipping 14.00 IState Truck Center Equipment repair supplies 81.45 Jefferson Fire and Safety Inc. Equipment 2,713.10 Kath Companies Citgo 700 Syn Blnd 3,579.95 Lawson Products Repair supplies 242.62 LeadsOnline LLC TotalTrack Investigation System service package 2,395.00 League of MN Cities Training 2,070.00 League of MN Cities Ins Tr Claim # LMC GL 108698 1,000.00 Linde Gas & Equipment Cylinders 63.33 Lindstrom Solar LLC Solar Energy 2,030.14 Page 2 Loffler Companies Veeam Renewal & Computer Equipment 12,360.39 MacQueen Equipment Inc. Fire truck repairs 128,056.45 Madden Galanter Hansen LLP Labor Relations Services 456.00 Mansfield Oil Company Fuel 6,440.20 Marshall Electric Company Myrtle lift station repair 1,747.00 MBPTA Membership 100.00 Menards Supplies 3,002.76 Metro Area Mgmt Association Membership 45.00 Metro Cities Membership 7,086.00 Mid-States Organized Crime Info Center Membership 150.00 MN Dept of Public Safety EPCRA Program Hazardous Chemical Fee 25.00 MN Dept of Transportation Material testing & inspection 305.87 MP Nexlevel LLC Locating 635.15 Office Depot Office supplies 133.06 Pepsi Beverages Company Beverages for concessions 1,067.24 Postmaster Newsletter Postage 1,688.68 Pro-Tec Design Computer Equipment 7,724.86 Quill Corporation Office supplies 102.94 Rehn Code Consulting Services Plan Review 2,853.45 Riedell Shoes Inc. Skates 2,703.85 Sign Solutions 50 Delineator drum & rubber base 5,428.51 Springbrook Software Water data import 1,253.00 St. Croix Preservation Co Inc. Water Street Inn 33,077.51 Stack Barrett M.Surveying 7,735.00 Stillwater Motor Company Oil change 108.48 Stop Stick LTD Stop Stick Kit 579.00 Street Cop Training Training 225.00 Streichers Training ammo 2,973.24 Taylor Electric Downtown Emergency Vehicle Preemption System 28,351.00 Titan Machinery Shakopee Cutting edge blades 1,181.01 TKDA Professional service 1,543.96 Toll Gas and Welding Supply Cylinders 46.56 Twin Cities Dots & Pop Treats for concessions 1,134.00 Uline Inc Supplies 1,282.64 Universal Truck Equipment Cutting blades 1,253.25 Washington Conservation Distr Shared Educator 675.00 Washington Cty Chiefs of Police Assoc Membership 100.00 Washington Cty Fire Chief Assoc. Membership 50.00 Winnick Supply Equipment repair supplies 118.05 Wolf Beth Reimburse for airfare & conference fee 965.95 WSB & Associates Inc. MS4 Services 656.00 NOV & DEC CREDIT CARDS Amazon.com Supplies 1,564.84 Axdahls Garden Farm and Greenhouse Hay for training burn 20.79 B&H Photo Wireless microphone for library 1,073.00 Backgroundchecks.com Back ground checks 756.30 Best Western Kelly Inn Hotel during training 223.00 Canal Park Lodge Duluth Lodging for MSFCA Conference in Duluth 614.22 Costco Wholesale Refreshments for ASP Cert Training 200.61 Page 3 Courtyard by Marriot Hotel for Chiefs Conference 389.70 Cub Foods Snacks for training 47.94 DECC Parking for Chiefs Conference 20.00 Deneen Pottery 150th Anniversary 200.00 Dennis Kirk Mirrors for UTV 85.08 Dunn Brothers Coffee Refreshments for ASP Cert Training 115.98 Dust Doctors Dryer vent cleaning 137.44 Environmental Systems Research ArcGIS online license 140.00 Facebook.com SPD Social media fees 72.00 FedEx Shipping for pepperball return 98.63 Fleet Farm Ammo 337.17 Foxit Software Inc Upgrades for Foxit Editor 85.90 Grand Pizza & Catering Election lunches 1,043.41 GTS Educational Events Government IT Symposium conference 400.00 Harbor Freight Workbench for computer forensics office 118.10 HERO Training Center Training course - Frank 50.00 Holiday Station Stores Gas card for alcohol compliance decoy 50.00 Home Depot Drill bits 144.85 IAPMO Plumbing code 334.55 ICMA ICMA Webinar 149.00 International Code Council Exam voucher 219.00 Kwik Trip Propane refill 21.46 Lowes Home Centers Inc. Ladder for Aiple 289.00 Macy's Cookware for Fire Dept 85.89 MN Dept of Labor and Industry License renewal - Eng 35.00 MN Fall Expo MN Fall Expo 120.00 MN State Colleges & Univ. Bituminous street inspector recertification 250.00 MVP Media Network Social Media Summit 1,098.00 Norman Quacks Annual reserve banquet meal 299.19 NW3C Inc Training - Dave Wulfing 399.00 Shiffler Equipment Toilet partition repair parts 1,248.10 Stairbuilders & Manufacturers Assoc IRC stairway guide 9.50 Stillwater Post Office Postage for mailing check for fire boat 2.85 Survey Monkey Survey Subscription 1,284.00 Target Snacks for training 313.20 University of MN CCE Registration Continuing education registration 2022 1,080.00 Valken Sports Pepperball training supplies 40.90 WI DSPS Renewal CPA license renewal 43.86 LIBRARY Ace Hardware Janitorial Supplies 89.90 Amazon Business Supplies 303.88 Blackstone Audio Materials 56.79 Brodart Co Materials 2,809.17 Cintas Corporation Towels and Rugs 178.20 Madden Galanter Hansen Labor Attorney 684.00 Midwest Tape Materials 2,681.96 Office of MN IT Services Telephone 148.35 Otis Elevator Company Elevator Repairs 476.75 Page 4 Overhead Door Co Parking Ram Gate Repairs 368.90 Sand Creek Group LTD Programs 275.00 Viking Auto Sprinkler Co. Annual Sprinkler Inspection 700.00 NOV & DEC LIBRARY CREDIT CARDS AccuCut Systems Programs 89.98 Dream Host Website Hosting 42.90 Half Price Books Materials 408.14 Opentip.com Programs 700.35 Taproot Materials 48.00 TechSoup Materials 165.00 Under the Weather Weather Pod 211.69 ADDENDUM AT&T Mobility 8509 Wireless Service 78.20 Landucci Nathan Refund Receipt 235225 2,100.00 Lockridge Grindal Nauen PLLP Labor relations 3,333.33 Xcel Energy Energy 92,610.40 TOTAL 713,925.29 Adopted by the Stillwater City Council this 1st day of February, 2022 Mayor Ted Kozlowski 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING February 1, 2022 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Event Policy Discussion 2. Consider Options for Title Objection for 107 3rd St N; Case of Landucci Homes 3. ARPA Funds – Available Tuesday 4. Appointment of City Administrator – Resolution IV. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator 13. IT Manager 14. Library Director V. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 15. January 18, 2022 Regular Meeting Minutes 16. January 22, 2022 Special Meeting Minutes 17. Payment of Bills 18. Case No. 2021-64 on Zoning Text Amendment to modify the fence code regulations – Ordinance 2nd Reading VI. COUNCIL REQUEST ITEMS VII. ADJOURN THE 7:00 P.M. MEETING HAS BEEN CANCELLED DUE TO THE 2022 CAUCUS DATE: January 28, 2022 TO: Stillwater City Council FROM: City Events Planning Team: Parks Superintendent Jason Grode; City Clerk Beth Wolf; City Administrator Tom McCarty; Chief Brian Mueller; Capt. Nate Meredith; Capt. Brian Bruchu; Chief Stu Glaser; Deputy Chief Tom Ballis; Public Works Director Shawn Sanders; Community Development Director Tim Gladhill; City Planner Abbi Wittman SUBJECT: Review of Stillwater Events Policy Review of Temporary Outdoor Sales/Seating Area Permitting Policy STILLWATER EVENTS POLICY ‐ BACKGROUND Stillwater has hosted events for decades and the City Council has adopted an Events Policy to assist in managing events within the City. The City Events Policy has been periodically modified and updated, most recently in March 2018 (see attached). The City’s Events Policy Purpose statement reads as follows: “The City of Stillwater wishes to promote and encourage public events in the community as well as a vibrant local economy and maintain and protect the quality of life, public health, safety and welfare for citizens and the surrounding community through policies and procedures to ensure a safe and well-run event”. In addition, the City’s updated Strategic Plan - Develop Our Community theme, includes a goal for Stillwater to become a year-round destination city. Through partnerships and collaboration this goal is being achieved partially with the addition of more events through the winter season. The result is that Stillwater now hosts events year-round, requiring City partnerships and support to ensure safe and successful events. There were 44 events scheduled in Stillwater in 2021 (some were canceled) requiring City staff support (see attached list). Depending upon the event, the City Council was often involved on final approval of the event and contract. The City Events Policy includes a detailed permitting requirements and fee structure and often times event organizers request that the Council waive event fees. As the frequency and timing of events has increased, the City Council has directed city staff to review the City Events Policy fee structure and approval process. The staff events planning team has met numerous times since October of 2021 to review and consider possible updates to the City Events Policy, focusing on City support of events management, related City costs and current Policy fee structure. Staff estimates that the City of Stillwater annually expends between $250,000 - $300,000 of City resources to support events in Stillwater. This estimate includes staff time (all depts.), equipment, vendor costs, supplies, and utility costs. The main revenue source for events related expenditures is the property tax levy. Event fee revenue is generally less than 10% of city-wide cost to support events in any year. SUGGESTIONS/RECOMMENDATIONS The staff team reviewed and analyzed the current City events policy and fee schedule with these goals in mind: Ensure a safe and healthy event experience for the community and attendees; Reduce/minimize the impact to the tax levy; Improve navigation of the approval process for event planners – simplify the process. With these goals in mind, the staff team recommends that the City Council consider the following suggestions relative to the City Events Policy: Maintain the current general Events Policy language; Consider bundling event fees into a standard fee structure for certain categories: -A general Park Use fee for use City Parks (perhaps separate N. Lowell Park, S. Lowell Park and the Chestnut Street Plaza); -Alcohol Fee – a standard fee if alcohol is being served; -Traffic Control Plan Fee – standard fee if traffic control pla nning is required- parades may require a separate fee category; -Food Service Fee – a standard fee if food is being served; -Parking Lot Rental Fee – a standard fee for use of City parking lots; amount tied to size of lot. Eliminate the current complicated materials rentals fees and billing calculations for staff time and materials – event planners rent/acquire their own materials. Consider alternative revenue sources for public services that continue to support economic development and business retention/expansion (special service district, EDA levy, etc). Simplify the process and encourage proactive & collaborative approach with event organizers/planners for earlier event planning & process navigation. Consider current HPC provisions with event planning outreach. Align zoning ordinance provisions for events conducted outside of downtown with the updated events policy. TEMPORARY OUTDOOR SEATING/SALES PERMITS In response to the COVID-19 Pandemic impacts to commerce and Stillwater businesses, the City Council approved Resolutions in both 2020 and 2021 to allow Temporary Outdoor Seating/Sales Area (OSA) Permits in the Community (see attached 2021 Resolution). The resolution allowed businesses to establish outdoor seating areas/parklets or business (retail) spaces on public property (City streets, alleys, parking lots and park areas) or on private property to conduct business. The approach was well received by the business community and OSA permits were issued for both business conducting retail sales as well as businesses conducting food and alcohol sales. Businesses conducting alcohol sales via an OSA permit also required City Council approval of an updated liquor license for an expanded contiguous alcohol sales/service footprint to their business. The COVID-19 Pandemic Emergency Rules are now suspended, so the City Council must consider updating policies and potentially ordinance provisions , to allow continued issuance of OSA permits. Staff suggests that the Council evaluate the following items in considering how best to move forward with OSA permits in the future: Provide opportunities for businesses to sustain economic recovery moving into a post-pandemic environment while providing a safe, vibrant and responsible experience for residents and visitors. Establish public safety criteria for strategic location and design of parklets and expanded seating/business areas on public property – certain streets, parking lots, parking spaces & park areas may not be suitable for location of OSA’s. Establish a code compliant design standard for parklets that are located on any public parking spaces or on public streets. Establish an OSA permit/license fee tied to issuance of an OSA on public property – businesses generate revenue utilizing public property. Incorporate Met Council SAC fees into OSA permit issuance. Align the criteria for an OSA on private property to match the OSA permit criteria on public property. REQUEST Staff requests that the Council provide direction on next steps for: 1) Updates to the City Events Policy and Fee Schedule; 2) Outdoor Seating/Sales Area permitting criteria to be included in policy/ordinance updates. 1. PURPOSE CITY OF STILLWATER EVENT POLICIES Adopted March 20, 2018 The City of Stillwater wishes to promote and encourage public events in the community as well as a vibrant local economy and maintain and protect the quality of life, public health, safety and welfare for citizens and the surrounding community through policies and procedures to ensure a safe and well-run event. 2. EVENT PERMIT REQUIRED Every event held within the City of Stillwater that meets the definitions and standards found in this policy is required to obtain an event permit from the City prior to holding the event. 3. DEFINITIONS The following definitions apply to this event policy: 3.1 Event -For purposes of this policy, an event is any planned public gathering including but not limited to celebrations, dances, forums, performances, rallies, social gatherings, concerts, fundraisers, races, walks, rides and parades which are appropriate and compliant in accordance with this policy. 3.2 Event Application Procedures -Every applicant must follow the Event Application Procedures when submitting an event application. The Event Application Procedures provides information on how to apply, submittal requirements and review process. 3.3 Events on Private Property -Events held in part or wholly outdoors on private property located within the CBD Zoning District require an event permit that must be reviewed and approved by the City Council 3.4 Event Threshold -Events held on public property (whether open to the public or not) are subcategorized as "Events", "Special Events" and "Special Events with Contract" as defined below: Event Special Event Special Event With Contract A gathering is considered an A gathering is considered a A special event requires a event when any one of the special event when any one of contract with the city when following thresholds applies: the following thresholds any one of the following applies: thresholds applies: 1) Closure of street-One 1) Closure of street -One block 1} Closure of street- block of a residential street is of a residential street is closed Substantially disruptive to closed for up to 5 hours; or for more than 5 hours; or more traffic flow requiring uniform any portion of a commercial than one block of a residential traffic control. Page 2 of 10 street is closed for up to 2 street is closed for any length of hours. time; or any portion of a commercial street is closed for 2 hours or more. 2) Public 12.ark ing_ lo t use -1 to 2) Public earking_ lo t use -10 9 spaces in a public parking lot or more spaces in a public are reserved . parking lot are reserved. 3) Street use (including 3) Street use (including sidewalks and trails) -The sidewalks and trails) -The event has a route on a public event has a route on a public street(s), sidewalks or trails, street(s}, sidewalks or trails, such as races, walks, or (such as a race, walk or parade) parades that don't require that requires street closure, traffic control and obeys all traffic control, street sweeping, traffic rules. or the use of "no parking signs" along the route, or is substantially disruptive to traffic flow requiring uniform traffic control. 4) Number of eeoele in a eark 4) Number of 12.eoele in a eark Numberofeeoele in a eark or or City facility -250-1000 or City facility -1000-2500 City facility -2500 or more people including spectators, people including spectators, people including spectators, vendors, performers and vendors, performers and vendors, performers and volunteers are expected at a volunteers are expected in a volunteers are expected in a time in a public park.1 public park.1 public park.1 Selling alcohol during the The event occurs on multiple event on (public or private days, OR extra-ordinary city property) employee support or city materials are necessary, OR any out-of-pocket expenses 1 are incurred by the city, OR cost of City Services is over $1,000. 'Any organized athletic event that has a park reservation approved by the City 's park reservation staff is not subject to this threshold. City parks include: Future Aiple, Future Bridgeview, Brown's Creek, future Chestnut Street Pedestrian Mall, Liberty Square, Lily Lake, Lily Lake Ice Rink, Lowell, Northland, Parking Ramp, Pioneer, St. Croix Recreation Center, Sunrise and Washington Square . 'Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, bi/fables (e .g. postage), and any contracted services. 3.5 Event Coordinator -The primary City contact will be the City Administrator or the person designated as Event Coordinator. 3.6 Event Organizer -The individual representing the organization applying for the Event and having the authority to bind the organization to agreements made with the City. The email address, cell phone number and mailing address of this representative must be provided to the City at least 30 days prior to the event. The Event Organizer must be on site during the event. Page 3 of 10 4. EVENTSTANDARDS 4.1 Advertising -It is a violation of this policy to advertise the location of any event requiring a reservation of city property when the organizer has not requested a reservation of city property, has been informed that the reservation is not available, or has been denied. Preliminary approval allowing the applicant to advertise the event may be given upon request, with final details to be determined upon submission of event application. 4.2 Alcohol -Alcohol permit(s) are required for any events at which alcohol will be consumed . Refer to the current city fee schedule for permit costs. a. Consumption Permit is required for any alcohol (wine, strong beer, 3/2 beer or liquor) consumed on public property. If more than 75 people are in attendance of an event, a police officer will be required. b. Temporary Liquor License is required if the event is on city property or on private property and is selling alcohol in the course of the event. To apply for a Temporary Liquor License an applicant must be a non-profit, religious, or charitable organization or club that been in existence for at least three years; a political organization registered under state law or a state university. The Temporary Liquor License application and fee must be submitted 60 days before the date of the event. Contact the City Clerk to obtain a Liquor License application packet. There are two types of Temporary Liquor Licenses: • 3.2 beer Temporary Liquor License: A club or charitable, religious or non-profit organization may be issued a temporary 3.2 beer license subject to the Terms (below) set by the City. • On-sale spirits, wine and beer Temporary Liquor License: A club or charitable, religious or other non-profit organization in existence for at least three years may be issued a temporary license for the on-sale of intoxicating liquor in connection with a social event within the city/county sponsored by the licensee. The license may not be for more than four (04) consecutive days. This permit must be approved by the City Council 30 days before the event and staff will submit to the Minnesota AGED. c. Terms • A temporary liquor license application must be submitted 60 days prior to event and approved by the City Council and the State of Minnesota Alcohol & Gambling Control Division 30 days prior to the event. • Liquor will be confined to the event venue area and the Organizer must provide delineation and signage stating "No Alcohol Beyond This Point" between the event and non-event space to discourage taking alcohol outside the event venue space. Police Officer(s) as determined by the Police Department will need to be present at the event during service of alcohol. All entry/exit gates to the dispensing area,or Page 4 of 10 event venue area, must be controlled by security personnel while alcohol is being served to ensure that no beer or liquor enter or leave the dispensing or event venue area. • Signage will be prominently displayed at each entry/exit point to notify guests that no liquor or beer will be allowed in or out of the dispensing area, or event venue area . • The Organizer will provide at no charge liquor identification bracelets at location(s) as required by Public Safety Staff. The Organizer will permit no one to consume Liquor unless they are wearing an identification bracelet and will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume liquor/beer. • Any service of liquor will require server training by either the Stillwater Police Department or an affiliation recommended by the Stillwater Police Department. Certification of Server Training is required prior to receiving the temporary liquor license (3.2 or on-sale). • Liquor liability insurance for the day of the event are required. See section regarding Insurance for further details. • The Organizer acknowledges that as a liquor license holder for the Event, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on-sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 4.3 Cancellation -Cancellations of events by the event organizer received in writing will receive full refund of deposits and the following refund of event fees (excluding application fee): • 20 days prior to event will receive a full refund of event fees. • 19 to 11 days prior to event will forfeit 50% of event fees. • 10 days or less of the event will forfeit all event fees. The City reserves the right to deny an event should one or more of the following occur: • Failure to submit an application within the time periods as outlined above. • Requirements of the Event Policy and Procedures are not met. • The applicant owes the City of Stillwater, money from another event, services provided or as a result of damages to city property. • The use or the event would conflict with previously planned programs organized and conducted by the city or non-governmental agencies previously scheduled for the same time and/or place. • The applicant does not comply with all applicable city ordinances, traffic rules, park rules and regulations, state health laws, fire codes and/or liquor licensing regulations. • The use or event proposed by the applicant would present an unreasonable danger to the health or safety of the public. • The applicant cannot comply with applicable local, state and federal license requirements for all or pa rt of the planned event. Page 5 of 10 • The use or event is prohibited by law. • The application contains material misrepresentation or fraudulent information. 4.4 Changes to Event-Major changes made to an event after being approved by any Commission or City Council are not permitted without additional approval. Any event that is impacted with an emergency situation such as river flooding, weather issues, etc. will be resolved by Public Safety and Public Works staff at such time a City Council meeting is not available. 4.5 Cleanup of Event-Organizers agrees to remove all items pertaining to the event at the conclusion of the event to the satisfaction of the City. The City of Stillwater is not responsible for any items belonging to the Organizer or patrons of event that are remaining after the event. Organizers will reimburse City for any costs incurred should the City find it necessary in its sole opinion to complete further cleanup, removal or repairs to return the area to its original condition if the site is not repaired within 24 hours of event or as agreed upon. City staff may choose to do a walk-through of venue with Organizer to identify and document any damage before event. Both parties will sign off and reevaluate after the event . 4.6 Crowd Management-Organizers will contribute to the extraordinary cost of providing uniformed, licensed peace officers and fire fighters that are specifically scheduled for the event at the discretion of the Police Chief and Fire Chief based on public safety concerns. The contribution level for Police and Fire Fighters is established by the City Administrator based on the current city fee scheduled. Organizers will provide, at no cost to the city, privately paid professional uniformed security officers equipped with radios as determined by the Stillwater Police Chief, and privately paid professional EMS personnel equipped with radios as determined by the Stillwater Fire Chief. All security officers and EMS personnel will be suitably identifiable and the number and deployment of the security force and EMS personnel must be approved in writing by the Stillwater Police Chief and Fire Chief. 4.7 Emergency Action Plan -Organizer must provide a plan of action for emergency preparedness during event, on-site contact information and a communication plan at the time of application . Organizer must notify EMS and Fire Department about event and coordinate a safety plan for the event. 4.8 Fees -The City has established an event permit fee schedule in order to recover costs incurred by the city for the operation of events. Charges for event permit fees, city materials costs and city staff costs are included in the current city fee schedule. 4.9 Insurance -The Organizer must provide to the City satisfactory proof that it has obtained liability insurance that names the Event and the City as an additional insured, as loss payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of both Event and Liquor Liability coverage as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage described in Minn. Stat. §340A.409, subd. 1 with regard to the Event. Page 6 of 10 a . Liquor Liability Insurance -In addition, the City requires any function that is open to the public and sells/serve alcohol through a temporary liquor license must provide liquor liability insurance for the days of the event. This insurance is required to protect the City's and Organizer's interest. A Certificate of Insurance submitted to the City of Stillwater which must include listing the City of Stillwater as an additional insurer must provide the following minimums: • $50,000 of coverage because of bodily injury to any one person in any one occurrence, • $100,000 because of bodily injury to two or more persons in any one occurrence, • $10,000 because of injury to or destruction of property of others in any one occurrence, • $50,000 for loss of means of support of any one person in any one occurrence, • $100,000 for loss of means of support of two or more persons in any one occurrence, • $50,000 for other pecuniary loss of any one person in any one occurrence, and • $100,000 for other pecuniary loss of two or more persons in any one occurrence. 4.10 Materials -Use of equipment and materials owned by the city (e.g. barriers, cones, signs) to support events must be paid for by the event organizer. Event organizers are encouraged to contract for services and materials as long as the equipment and services are appropriate for the event and the event can be run safely in the estimation of city staff, Based upon review of the application, city staff will determine whether city equipment and materials will be required for the event. a. Electrical-Public Works Department will open existing electrical boxes on day of event and access allowed according to the current City Fee Schedule. Organizer is responsible to have their own extensions cords. All temporary electrical wiring for events must be performed by a licensed electrical contractor. This requirement also applies to portable generators. b. Portable Restrooms and Handwashing Stations -The Organizer is responsible to furnish portable restrooms and handwashing stations to facilitate expected crowds. The number of portable restrooms and handwashing stations required is solely determined by the Public Works Superintendent. If applicable to the event, City public restrooms will remain open during the Event and the City will supply and equip restrooms, however, the Organizer may be responsible for maintaining, cleaning, staffing and security and supervision for restrooms. If the Organizer elects not to provide these services it must notify the City at least two weeks prior to the event, and in that event, the Organizer will bear the City costs associated with this work. c. Trash Service -Dumpsters or roll-off boxes must be furnished according to a plan approved by Public Works Superintendent in sufficient quantity to contain the accumulation of trash generated by the Event and must ensure that all trash or garbage is collected and hauled away daily in the Event area(s). The Event Coordinator may Page 7 of 10 amend the plan and require additional dumpsters or trash receptacles if the need arises. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. If possible, Organizer will provide recycling and organics containers for the Event. d. Traffic Control Signs and/or Barricades -To ensure traffic and pedestrian safety control the Organizer must place standard reflective barricades according to a plan approved by the Public Works Director, Police Chief or their designees. Traffic control items may be supplied by the Organizer, or by the City (city fee schedule applies). The City may place additional barriers to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety barriers shall be shared with the Organizer prior to the event. e. Water (Hydrants) -If access to water main or hydrants is required, the Organizer must make arrangements with the Public Works Department and pay related water fees and water shut off key deposit. Organizer must ensure all potable water sources are from an approved source (private well water is not an approved source). 4.11 Musical Entertainment-Organizer must provide to the City a complete list of all musical acts along with an estimate crowd size for each act. The City reserves the right to disapprove any musical entertainment that has a history of public safety threats or violations in other venues. 4.12 Neighborhood Meeting -A gathering that meets the threshold for a "Special Event with Contract" and is a new special event, will be required to hold a public meeting to receive input from the surrounding neighborhood. This meeting must be held three weeks prior to the event. Notices for the neighborhood meeting will be prepared and mailed by the City to the immediately adjacent property owners at the organizer's expense. 4.13 Noise Control-The Organizer is responsible to control the noise emanating from the Event at a level that will not interfere with the peace and repose of the residential area surrounding the Event area. Noise control and regulation described in City ordinance Sec . 38-3 prohibits noise between the hours of 10:00 pm and 8:00 am. Any waivers to these hours must be reviewed and approved by City Council. 4.14 Notification Flyer-A gathering determined to be a "Special Event" that does not occur completely within a public park or a gathering determined to be a "Special Event with Contract" must submit a flyer to be distributed as a public notification to all properties immediately adjacent to the event location. The flyer must be submitted with the Event application. City staff will review and approve the flyer submitted with the event application. When approved by City staff, the event organizer shall distribute the flyer at least seven days prior to the event to all households and businesses immediately adjacent to the event venue at their own cost. The event flyer should contain: name of event, Page 8 of 10 location of venue, date of event, time of event, list any closure of streets (including times) and contact information for questions .. 4.15 Other Agencies-Organizer is responsible for obtaining all agreements and permits with agencies (e.g. MnDOT, MN State Patrol, Washington County Public Health and Environment, Washington County Sheriff, MN Department of Natural Resources, Lakeview EMS, other local communities and any other agencies requiring permits for the event) and must submit copies of permits to the City from other agencies prior to obtaining an event permit. 4.16 Out-of-pocket Expenses -Event permit fees for city services will be limited to the city's out-of-pocket expenses attributable to the event. Out-of-pocket expenses include such items as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, any contracted services and extraordinary use of city equipment for the event. 4.17 Park Usage -Standard park reservation and facility use fees will be required. All groups, including not-for-profit groups and educational institutions must pay deposits and rental of amenities when holding an event. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for restoration of the park as determined by the City. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City . New events and Events with Contracts will be reviewed by the Stillwater Parks and Recreation Commission and City Council. 4.18 Parking Lots and On-Street Parking-Use of City parking lots or on-street parking spaces for an event will be reviewed by the Downtown Parking Commission and City Council. Use of downtown public parking lots will be approved only as an alternate or if sufficient space does not exist in Lowell Park to accommodate event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, 10 and 11. Only Stillwater Police Department can post parking lot closures and any no-parking signs. Signs will be posted 24 hours in advance of closure. Charges to reserve/use city parking lots and/or parking spaces are set forth in the current city fee schedule. 4.19 Police Services-The Stillwater Police Department will determine the number of Police Department employees and/or Police reserves needed for an event. (Reserves will not be hired in lieu of employees, but as a supplement to employee staffing). The Stillwater Police Department retains the right to require more services than requested if determined to be necessary. Officer rates are set forth in the current city fee schedule. With regard to Event, the City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of these Policies is violated. In that event, the Organizer must assist the police in the clearing of the Event. Page 9 of 10 4.20 Route Events-Organizer must provide a detailed map of the route and area affected by the event. Traffic can only be stopped by Law Enforcement. Volunteers may assist to guide participants through the route but shall not direct vehicle traffic. All event volunteers working in roadways must wear a "Class 2" safety vest. Location of any required Law Enforcement will be determined by the Stillwater Police Department upon review of route. The category "Events" are exempt from having law enforcement since the event doesn't require traffic control and participants obey all traffic rules. To decrease impact on neighborhoods, city services and facilities, the city has set preferred running and bike routes within the City. Please refer to map for potential preferred routes. Any route using State Highway or Washington County roads within the City of Stillwater must provide a copy of their respective permits to the City of Stillwater two weeks prior to the event. 4.21 Sales Tax -If applicable, the Organizer must obtain a State Tax Payer Identification Number and collect any sales or use taxes that are due according to law. 4.22 Signs -Temporary signage for an event (except for permissible banners across Main Street} will be allowed only on the day of the event. The number, size and location of signs must be approved during the event application review process. Only the Stillwater Police Department can post parking lot closures signs and no-parking signs. Permanent signage including but not limited to speed limit signs, directional signs, shall not be removed or covered with event signage. The use of spray paint on roadways, telephone poles, traffic signs, and sidewalks/trails is prohibited with the exception of temporary chalk-based materials. All signs must conform to the following standards: • Signs may not exceed four (4) square feet in area; and • Signs may not be more than three (3) feet in heights above grade; and • Property owners must grant permission for placement of any signs on their property; and • Signs may not be placed upon any right-of-way, in parks or on public property in a manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks the view of entrances to streets or intersections. • Signs may not be placed on any telephone poles, light poles, traffic control signs, etc. 4.23 Site Plan -An overall site plan for the Event drawn to scale or showing all dimensions that depicts the location of fencing, vendors and any areas within the City, such as parks, parking lots or routes that are proposed for use for the Event, must be submitted with application. Additional items such as traffic control plans, locations of first aid, volunteer locations, water stations, spacing of vendors, barricade placement, portable restroom locations, trash location, electrical boxes needed, alcohol service area, tent locations, enter/exiting, etc. must be included on site plan. 4.24 Tents-Several city parks are maintained by a buried irrigation system. Therefore, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used. Page 10 of 10 No staking is allowed on city parking lots or streets. Stillwater Public Works will provide irrigation locates in areas where tents will be staked according to approved site plan prior to event at no additional cost. 4.25 Camping -No camping in tents, trailers or campers is allowed by vendors during the events. Organizer must arrange to have Stillwater Fire Department inspect large tents before use. 4.26 Vendors -The Event Organizer is responsible for overseeing the requirements of all vendors. Below is a list of the Event Organizers responsibilities. • The Organizer agrees to inform any vendors that there is no camping permitted in any park or any City parking lots. • The Organizer agrees that any vendor using cooking facilities including propane tanks, generators, electrical hookups, etc. will be inspected for safety by the Stillwater Fire Department and Washington County Public Health and Environment and Minnesota electrical inspector (if required}. Inspection costs (if any} shall be paid for by the Event Organizer directly to the agency/person doing the inspection. • The Organizer agrees to ensure that all vendors' waste water be discharged into a holding tank approved by Washington County Public Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's sanitary or storm systems. • The Organizer is required to obtain proof of license for all food vendors, this includes vendors that are sampling, merchandising, or marketing food (e.g. salsa, jams, honey} and submit copies to Washington County Public Health and Environment as well as make sure all vendors have submitted their Washington County special event license. • Organizer must submit a list of food vendors and site map, showing distance between food vendors to Stillwater Fire Department and Washington County Public Health and Environment two weeks prior to the event. • Private parties on City property having a food truck must be inspected by Stillwater Fire Department. 2021 EVENT FEES I. FIRE INSPECTION: Fireworks Display Permit (Pyrotechnics) (Ord. 943) II. MISC. ADMIN FEES: Permit to Consume Temporary Liquor License Fee (12/year on-sale) Temporary Liquor License Fee (3.2% unlimited) III. STILLWATER PARK FEES: Park Facilities (Picnic Shelters, Gazebos, Pergolas) Fee $100 $35 per day $25 per day $25 per day $100 refundable damage deposit plus one of the following fees: $SO/day for Stillwater city resident $100/day for non-Stillwater city resident Ball fields (for tournaments): $300 fee & refundable damage deposit $150 Park Open Space A $100 refundable damage deposit and $SO/day for non-Stillwater city resident Pioneer Park Bandshell and Lowell Park Amphitheater $100 refundable damage deposit and $125/day fee for residents and nonresidents. All groups, including not-for-profit groups and educational institutions must pay to use the Bandshell and Lowell Park Amphitheater (anytime). Events & Special Events All groups, including not-for-profit groups and educational institutions must pay deposits and rental of amenities when holding any event Event permit fees for city services will be limited to the city's out-of-pocket expenses attributable to the event. Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, any contracted services and extraordinary use of city equipment for the event Event Application Fee $0 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Event Application -Late Fee $100 EventFees(Defined): Event No event base fee required Events with Routes -No participant fee required $100 refundable damage deposit if using a park Special Event $500 per day* Base Fee Events with Routes -$1 per registered participant $1,000 Security Deposit Special Event With Contract $500 per day* -subject to negotiated contract provisions. Events with Routes -$1 per registered participant $1,000 Security Deposit subject to negotiated contract provisions. *Per Day includes each day of event. Separate load-in day fee of $500/day will apply. Police Services Police Dept. Personnel/Officers Police Reserves Fire Department Personnel Fire Department On-Call Personnel Fee Overtime Rate -2 hr. Minimum $15 per hour -2 hr. Minimum Overtime Rate -2 hr. Minimum $15 per hour -2 hr. Minimum Materials Barricade 4' to 12' Saw Horse (No Flasher) Barricade 4' to 12' Saw Horse (With Flasher) Type III Barricades Drums Electrical use (Lowell Park) Electrical use (Parks, except Lowell Park) PD No Parking Signs Picnic Tables Portable toilet -Handicapped Portable toilets Additional Service Reflective Cones Refuse Collection Traffic Sign on stand Trash Containers IV. PARKING FEES: $2/barricade/each day of event $5 /barricade/ each day of event $5/barricade/each day of event $1/drum/each day of event $20/per elec. box/each day of event $10/each day of event $3/sign/each day of event plus labor if after normal business hours $10/table/each day of event $150/event/unit $60 / event/unit $25/unit/service $1/cone/each day of event Cost of staff time. $2/sign/each day of event $8 /container/ each day of event Downtown Parking Rental Rates -Peak Season (May through October) Lot 1 Lot2 Other paved city lots Unpaved city lots On-street parking ( except on Main StS) Weekday1 $15 /day/ spacez $9 / day /space3 $1.50/day /space4 $1/day /space4 $9 /day/space Weekend1 $15/day/space2 $9 /day/ space3 $3/day/space4 $1.50/ day /space4 $9/day/space Downtown Parking Rental Rates -Off Season (November Through April) All lots: 3 hours or less All lots : > 3 hours On-street parking ( except on Main St. S) Weekday6 Free -must be approved by Parking Commission $1.50/day/space $3/day/space Weekend6 Free -must be approved by Parking Commission $1.50/day/space $3/day/space 1 Peak season weekday= Monday through Wednesday; Peak season weekend = Thursday through Sunday 2 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours= $5; >4 but <8 hours= $10; more than 8 hours= $15 3 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours= $3; >4 but <8 hours= $6; more than 8 hours= $9 4 This rate applies whether the space is used (or reserved) for a partial or full day. s On-street parking spaces cannot be reserved on Main Street. 6 Off season weekday= Monday through Thursday; off season weekend= Friday through Sunday 2021 Stillwater Events 1 Stillwater Lights 2 Downtown Public Ice Rink 3 Skate For Roses (Canceled) 4 Fat Bike Rally 5 Fire & Ice 6 Fire & Ice Pond Hockey (Canceled) 7 Frozen Flannel Curling Bonspiel 8 Brian's Bocce Ball Tournament 9 Winterfest Boot Hockey (Canceled) 10 Winterfest Cornhole Tournament 11 Settler's Glen Development Food Trucks 12 Boots At the River 13 Memorial Day Ceremony 14 Crusin' The Croix Car Show 15 Stillwater Farmers Market 16 Bike MS : MS 150 17 Block Party: 1100 block of Broadway St. N 18 Stillwater 1/2 Marathon (Canceled) 19 St. Croix Crossing 1/2 Marathon (Canceled) 20 Summer Tuesdays 21 4th of July Celebration 22 Lumberjack Days (Canceled) 23 Lumberjack Days Sk/lOk (Canceled) 24 Zephyr Theatre -Broadway by the Bridge -Mam ma Mia! 25 Night to Unite 26 Liberty on the Lake neighborhood garage sale 27 Opera on the River 28 Block Party : Holcombe St. 29 Lift & Loop 30 Bridge the Valley Bike Rally 31 Ragnar Relay 32 UMR Grand Classic 33 Shepherd in the Park 34 Block Party : 5th St. N 35 St. Mary's Wildrice & German Fest 36 Ascension Episcopal Church Capital Campaign 37 Rivertown Fall Art Festival 38 Harvest Fest & Giant Pumpkin Weigh-off 39 Haunted History Trolley Tours 40 St. Croix Catholic School Walk 41 Cole J. Lutz PTSD/Suicide Awareness Memorial Walk 42 Veterans Day Ceremony 43 Turkey Trot 44 Twinkle Party City of Stillwater Washington County, Minnesota RESOLUTION 2021-048 A RESOLUTION APPROVING TEMPORARY WAIVER OF CITY CODE PERMIT & ZONING REQUIREMENTS TO PROMOTE BUSINESS ACTIVITIES DURING THE COVID-19 HEALTH PANDEMIC WHEREAS, on March 13, 2020 Minnesota Governor Tim Walz issued Executive Order 20-01 declaring a Peace Time Emergency and Coordinating Minnesota's Strategy to Protect Minnesotans from COVID-19, and WHEREAS, in response, on March 16, 2020 Mayor Kozlowski declared a Local Emergency in recognition of the community risk posed by COVID-19, and WHEREAS, on March 17, 2020, the City of Stillwater City Council adopted the Local Emergency declaration and invoked the city emergency plan and authorized appropriate response strategies to the pandemic, and WHEREAS, the City of Stillwater City Council recognizes the continued risk and threat of community spread of the COVID-19 virus and the negative impact it has had on local business and further recognizes the potential negative impact that may continue upon reopening absent the ability of businesses to provide appropriate distancing between its patrons and its employees while operating profitably, and WHEREAS, in furtherance of the federal, state and local government response, there is a need to provide multiple, additional, or alternative customer service areas on commercial sites within the City in order to limit forward-facing exchanges between customers and employees and to promote physical and social distancing between patrons of a business and persons engaged in business activities. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize the following: 1. A business located in a commercial or industrial zone may establish drive-up or drive- through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas on its property to facilitate safe commercial activity conducted consistent with federal and state orders or health and safety guidelines, in accordance with the following: 2. The Community Development Department shall have the authority to establish performance standards to implement the terms of this Resolution. a. Other than an amendment to a liquor license, no zoning, conditional use, or other Stillwater permit as otherwise required under City Code or Zoning Code shall be required for any temporary structure or operation related to customer service, waiting or dining seating areas; or on-site signage and storage; or other temporary outdoor use is proposed to occur outside of the business establishment provided the Community Development Department's performance standards are met. b. Any temporary structure or operation related to customer service, waiting or dining seating areas; or on-site signage and storage; or other temporary outdoor use proposed to occur outside of the business establishment that is otherwise prohibited by City Code or Zoning Code may be permitted subject to approval of the Community Development Department or Council as set forth herein. c. The Community Development Director or his designee shall have the authority to review and approve or deny any proposed temporary structure or operation related to customer service, waiting or dining seating areas; or on- site signage and storage; or other temporary outdoor use that is proposed to occur outside of the business establishment in accordance with the established performance standards. d. All operations allowed hereunder must comply with the Community Development Department's established performance standards. 3. Any on-sale liquor establishment shall be required to obtain City Council approval to amend its service area, which approval shall not be denied as long as it complies with the Community Development Department's performance standards. 4. The authority granted to the Community Development Director hereunder shall not otherwise allow any use or operation that is not in compliance with any federal laws or regulations (e.g. ADA regulations), Minnesota statutes and regulations, including State Building and Fire Codes, and the Minnesota and Stillwater liquor licensing regulations. 5. The City reserves the right to revoke and terminate permission of any drive-up or drive-through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas if it is in the interest of the public health, safety and welfare, as determined by the Police Chief or City Administrator. 6. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through October 31, 2021. Adopted by the Stillwater City Council this 6th day of April, 2021. CITY OF STILLWATER ---x.JJ Jft:?' Ted Kozlowski, Mayor 2 MEMO TO: City Council MEETING DATE: February 1, 2022 TOPIC: Landucci Apartments: Previous Development Agreement Obligation for Parking Lot Easement REPORT BY: Tim Gladhill, Community Development Director INTRODUCTION As the City Council previously may recall, the City Council denied a project for a 4 story apartment building at 107 3rd St N (the “Landucci Parcel”). The project was proposed by Landucci Homes (the “Developer”). The Landucci Parcel is currently still owned by Browns Creek West, LLC. The Developer subsequently applied for a different project (reduced height and reduced number of units), but the City Council elected not to support the Application as it impacted certain property held by the City for purposes of retaining walls related to the adjacent Public Parking Ramp. Additionally, the City Council may recall that the proposal was the subject of discussion about a previous parking allocation on the Landucci Parcel the City provided to Trinity Lutheran Church, the previous Property Owner. That parking agreement included a provision for a one-time transfer of the parking rights (any future transfers would require additional approval of the City Council). The one-time transfer was exercised when the Landucci Parcel transferred to Browns Creek West, LLC (current Property Owner). This is not being disputed at this time, but the transaction now involves Landucci Homes purchasing the business of Browns Creek West, LLC (that has rights to the previous parking allocation) rather than purchasing the property from Browns Creek West , LLC. The Developer is now proposing a similar project fully on the Landucci Parcel (not needing the City easement or adjacent property). The result of the amendment is a proposed 3 story building with 26 units. As part of the new transaction with Browns Creek West, LLC, Landucci Homes ’ representatives have flagged a concern with the title work for the Landucci Parcel. Previously, as part of the Development Agreement and property transfer, Trinity Lutheran entered into a Development Agreement with the City. Included in said agreement was a provisio n that allowed the City to construct a surface parking lot (“City Parking Lot 13”). Trinity Lutheran was to convey an easement to encumber that parking lot, but that easement was never executed. The Development Agreement is recorded and does provide protection for the City. The City could exercise its rights under the Development Agreement and require an easement to be recorded against the Property. January 28, 2022 Page 2 Please note that City Parking Lot 13 only partially encroaches on the Landucci Parcel. The portion encroaching on the Landucci Parcel can be removed without impacting the remainder of City Parking Lot 13 or the (or the adjoining Public Parking Ramp). SPECIFIC REQUEST The Developer, Landucci Homes, is seeking to have the City Council remove this provision of the Development Agreement. Landucci Homes is willing to execute a Temporary Parking Easement that would expire at time of development of the parce l. ANALYSIS As noted above, the previous Development Agreement noted allowed for the City to construct a portion of a surface parking lot on the Property. In exchange, the previous owner was to provide a parking easement. ALTERNATIVES No formal action is being requested on this date. Staff needs broad policy direction in order to prepare official steps. The Developer seeks consensus of the City Council in order to make a final determination whether the Developer will proceed with closing or not. • Is the intent of the Council to retain the parking lot in perpetuity? • Is the City Council open to a temporary easement to terminate upon approval of an acceptable project? RECOMMENDATION The matter has been reviewed by the City Attorney. Staff recommends that the City Council provide broad policy direction on this matter. Formal execution will occur with any future project approval and be completed with a future Development Agreement. Staff recommends that any release of this obligation be tied to approval of a project that meets all necessary underlying City Code requirements and be tied to an approval of a project. This allows the City to continue to review the release of this parking o ption in the broader context of parking needs of any future project. This also ensures that this action to does create future issues with parking requirements for the project. Attachments: Certificate of Survey cc: Nathan Landucci, Landucci Homes SP:l Ll ,'-lUI-',-;-::::: ~ LECAL DESC RIPTION: The followinoL.,,gal O.mi ptioo i,u"1<>W11 on Stewart Tnle GLWarrty~nyl,.L1<d byko,',\l<nt.U.nd litle,lnc, Tid<(ammitmomNo.545H l,dat<rl ~•,,.;,.rzht,l0 16, P••«IA @ :~ ~fttt ol L<>< 15, !llod< 19, Original T""'" (oowCity)ol'Stiilw>m, w .. hington County, l>linn••<>t._ @ :::,,~fttlolL'1t l4,!llod<l9,0r<ginal T,-,(n,;,wCity)ol'5ti...,,,er,W."1ington Coonty,MinrM.-. © ~~~:i:!":.."''ltoW..t90 fttt ol'l"' 1~. !lock 19,0r\gin.aJ T""'"lnow(ity)ol'Stlllwot.,.,W.,hiogton @ ~n~":'~i~n~:"'•~11 9(1 f-ol'L<>< lti,.._ l~. 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"' 0 ~ - V) z .....: 0 V) ~ x 0 w z 0 u Al 28 Oct 2018 City of Stillwater Washington County, Minnesota RESOLUTION 2022‐XXX APPOINTING JOSEPH KOHLMANN AS CITY ADMINISTRATOR FOR THE CITY OF STILLWATER EFFECTIVE MARCH 7, 2022; APPROVING THE EMPLOYMENT AGREEMENT OF JOSEPH KOHLMANN WHEREAS, the current City Administrator is retiring from the position effective March 11, 2022; and WHEREAS, in order to fill the City Administrator position, the City Council, with the assistance of David Drown Associates (DDA), commenced an executive recruitment process pursuant to City personnel policies and procedures to fill the position; and WHEREAS, upon review of applications received for the City Administrator position, four finalists for the position were determined by the City Council on January 4, 2022 and the finalists were invited to a two-day interview process conducted on January 21 & 22, 2022; and WHEREAS, based upon the results of the final interview process, and pursuant to Article VII of the City Charter, the City Council believes it is in best interests of the City to appoint Joseph Kohlmann as the City Administrator for the City of Stillwater with an effective starting employment date of March 7, 2022 and approve the employment agreement with Joseph Kohlmann on file with the City of Stillwater Human Resources Department. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council, pursuant to Article VII of the City Charter, hereby appoints Joseph Kohlmann as City Administrator for the City of Stillwater effective March 7, 2022, approves the employment agreement with Joseph Kohlmann and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the City Council of the City of Stillwater this 1st day of February, 2022. CITY OF STILLWATER _____________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Beth Wolf, City Clerk 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES January 18, 2022 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator/Acting City Clerk McCarty Acting City Attorney Johnson Community Development Director Gladhill City Planner Wittman Finance Director Provos Fire Chief Glaser Human Resources Manager Robole Police Chief Mueller PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Distinguished Service Award – Officer Ryan Mitchell Police Chief Mueller presented a Distinguished Service Award to Officer Mitchell for his work with the Reserve Officer Corps over the past 14 years. Letter of Commendation – Officer Michael Mallet Police Chief Mueller presented a letter of commendation for Officer Mallet’s participation in the American Society of the Pink Patch Project and Special Olympics Minnesota. OPEN FORUM There were no public comments. STAFF REPORTS City Administrator McCarty, on behalf of Public Works Director Sanders, stated most of the rip rap on the St. Croix Riverbank Project will be done next week. Fire Chief Glaser thanked all who participated in the blood drive. He reported that there was a significant fire in May Township, and a room and contents fire today. On Friday a non- resident was rescued from the edge of the bluff. Police Chief Mueller stated Stillwater is not seeing carjackings, but is seeing thefts from vehicles and of vehicles. Most stolen vehicles were running or had keys left in them. ICS training was recently completed. He reported that nationwide, 458 officers were killed in City Council Meeting January 18, 2022 Page 2 of 6 the line of duty in 2021, the highest total since 1930. More than 300 deaths were from COVID. The Captain position is being finalized and there is an open officer position. He commended the personnel who assisted in talking a young man off the bridge. Finance Director Provos stated the American Rescue Plan Act funding final rule came out January 6. A key change addresses the use of funds for revenue losses. A flat standard allowance up to $10 million is allowed for general government services. Community Development Director Gladhill stated the Department has been focusing on replacing the Zoning Administrator. Interim consulting services will be used to help with planning and zoning. There have been additional changes requested in the Chestnut Plaza design. The 200 Chestnut apartments demolition will begin around February 1. City Administrator McCarty, on behalf of City Clerk Wolf, stated that due to the caucus, the City Council cannot meet at 7 p.m. on February 1. The Council decided to only meet at 4:30. He stated that the Strategic Plan Action Step Update will be provided February 1. He reminded the Council of the final interviews for the administrator candidates. The King Plant advisory group final report should be done by February 8. CONSENT AGENDA January 4, 2022 Regular and Recessed Meeting Minutes Payment of Bills Animal Humane Society Impound Housing Services Agreement for 2022 Resolution 2022‐009 Brown’s Creek State Trail Hwy 5 Connection Letter of Support – Case 2021-66 Rejecting Appeal and Upholding Planning Commission Approval of Conditional Use Permit for Outside Storage at 1749 Greeley Street South Haulers Rolloff License for Schill’s Dumpster Services LMC Liability Coverage Waiver Form Resolution 2022‐011 Participation in National Opioid Settlements Resolution 2022‐012 Washington County Household Hazardous Waste Day License to Use Lily Lake Councilmember Collins asked that Case 2021-66 Rejecting Appeal and Upholding Planning Commission Approval of Conditional Use Permit for Outside Storage at 1749 Greeley Street South , be pulled from the Consent Agenda for discussion. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. All in favor. Councilmember Collins suggested extending Condition #15, testing for water runoff, to require testing every other year. He pointed out that the site will increase dramatically in size and a large amount of money was spent to clean up Lily Lake. City Planner Wittman stated the applicant will be required to hire a third party to test the water sampled at the property’s outlet where it comes out of their underground storage area after being treated. An additional condition is to retain an easement in the adjacent area to prevent erosion. The applicant also will be required to have a stormwater maintenance agreement with the City that gets recorded against the property. The Middle St. Croix Watershed Management Organization imposes further conditions, including details City Council Meeting January 18, 2022 Page 3 of 6 of the management facilities, a stormwater pollution prevention plan, easements and maintenance agreements for the system. Council consensus was to agree to modify Condition #15 to require testing for two consecutive years and every other year thereafter. Referring to Condition #4 regarding junk storage, Councilmember Polehna stated he does not want to see every car remain there for 180 days, only those for which that length of time is required by law, but right now it is not spelled out. Ms. Wittman replied the condition could state, “disabled, abandoned or impound vehicles may not be stored on site for greater than allowed by law or a maximum of 180 days.” Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve Resolution 2022‐010, A Resolution Rejecting an Appeal to, and Upholding the Planning Commission Approval of, a Conditional Use Permit for Outside Storage Associated with Stillwater Towing to be Located at 1749 Greeley Street South (CPC Case No. 2021-57 & 2021- 66), with Condition #15 being changed to “for the first two consecutive years and every other year thereafter” and Condition #4 being changed to “disabled, abandoned or impound vehicles may not be stored on site for greater than allowed by law or a maximum of 180 days.” Motion passed 4-1 with Councilmember Collins voting nay. PUBLIC HEARINGS Case No. 2021‐64 to consider a Zoning Text Amendment to modify the fence code regulations City Planner Wittman explained that staff is requesting modification to the fence regulations to allow for enforcement consistent with the recently-adopted administrative citation provisions, and to provide additional clarification, including a requirement for maintenance of fences. The Planning Commission recommends adoption of the Zoning Text Amendment. Councilmember Polehna requested that for the second reading, language be added requiring that a fence be finished. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt first reading of an Ordinance Amending Stillwater City Code by Repealing and Replacing City Code Section 31-508, Fence Regulations. All in favor. UNFINISHED BUSINESS Chestnut Street Plaza Project Design Changes Requiring Contract Amendment Mayor Kozlowski announced this item has been pulled from the agenda. Compensation Plan Wage Schedule Implementation – Resolution City Administrator McCarty McCarty explained that the estimated 2022 fiscal impact to implement the updated Compensation Plan Wage Schedule in the GovHR USA Final Report retroactive to January 1, 2022 is approximately $240,000, of which approximately $200,000 is levy cost and $40,000 is enterprise fund cost. The adopted 2022 budget included an appropriation of $100,000 for implementation of the updated Compensation Plan Wage City Council Meeting January 18, 2022 Page 4 of 6 Schedule, leaving an implementation cost gap of $100,000. In order to fund the gap, staff reviewed all 2022 budgeted revenues and expenditures and all existing fund balances. To cover the shortfall, staff recommends that the Council authorize a one-time expenditure from the general fund balance. The Council is asked to implemen t the revised/updated wage schedule and authorize the expenditure of $100,000 already included in the 2022 budget plus authorize a one time expenditure from the general fund balance. Councilmember Junker complimented GovHR on the report. He asked about the longevity of the new compensation wage plan; and Mr. McCarty answered typ ically, three to five years. Human Resources Manager Robole via Zoom added that GovHR provided tools to use in the future to update the plan. Before 2017, Stillwater had not done a market study in 10+ years so there was a lot of catching up to do the last time. Now that a formal structure is in place, it will be monitored every three, five or seven years. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022‐013, Resolution Approving Implementation of Updated Stillwater Compensation Plan Wage Schedule Effective January 1, 2022; Authorizing $100,000 Expenditure of Unassigned General Fund Balance to Assist in Funding Implementation Costs, adding that the shortage will be paid from the general fund and utility fund balance. All in favor. Covid 19 Pandemic Updates: Update on OSHA Vaccine Mandate; Employer Paid Covid-19 Leave – Resolution; Mask Requirement for City Staff in City Facilities Mr. McCarty explained the recommended employer-paid COVID-19 leave policy, based on the Centers for Disease Control and Minnesota Department of Health guidelines. Staff recommends creating a bank of 80 hours of COVID leave time for all employees. If it is not used in 2022, it would not accrue. It would be retroactive to January 1. Mayor Kozlowski asked about the financial impact; and Human Resources Manager Robole explained that new employees get eight hours of time each month for sick leave. Many of the collective bargaining agreements freeze their ability to use that time until they have worked six months. Councilmember Polehna asked how the City will monitor how long staff is on leave; and Ms. Robole replied that staff is doing a very good job working with their supervisors on a case by case basis. Finance Director Provos added that COVID leave just represents a different bucket that the funding is coming out of. If an employee leaves, they do not get paid for sick leave unless they have been employed 10 years or longer so the impact is negligent. The COVID leave is eligible for reimbursement under ARPA. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022‐014, Approving Employer Paid Covid-19 Leave. All in favor. Mayor Kozlowski asked about the mask requirement for City staff in City facilities; and Mr. McCarty replied that due to the huge spike in COVID cases, staff is considering asking the Council to support a mask requirement for staff while inside City facilities and working with others. Staff is not looking at asking the public who enter a City facility to mask. The mask requirement would run through February, but would not exceed the omicron variant spike City Council Meeting January 18, 2022 Page 5 of 6 time. It would not be punitive, but would be a “strong recommendation” for voluntary compliance. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to require masks for staff through February with allowance for the City Administrator to administer the requirement as he sees fit. All in favor. Legislative Priorities Discussion – Potential Bonding Bill Request City Administrator McCarty led discussion of potential 2022 legislative agenda items for the lobbying firm Lockridge Grindal Nauen to work on. While the Council previously discussed the possibility of a local sales tax, the lobbyist felt it is not the right time to start pushing that in this legislative session. The lobbyist recommends the Council focus on the need for funding for improvements in parks and recreation facilities and bundle it as a phased approach, emphasizing the regional significance aspect. There is about $9.5 million worth of projects. The lobbying firm will work with legislators to draft the necessary legislation and then start pressing this forward in the bonding bill process. The legislature starts meeting January 31. Another item that the lobbying firm will br ing up is the White Bear Lake lake level litigation. The lobbying firm will be supporting a bill drafted by Senator Housley. Councilmember Polehna noted that the Council approved a resolution supporting the County on Trunk Highway 5 for the bike trail - that should be added to the list, as well as a regional curling center addition on the Rec Center. Mr. McCarty stated the lobbying firm is aware of these items. NEW BUSINESS Fire Department Staff Analysis/Proposal and Contract Award – Resolution Mr. McCarty stated that seven consulting firms submitted proposals to perform a Fire Department Staffing Analysis. Staff recommends acceptance of the proposal and award of the professional services agreement to Fitch and Associates in the amount of $34,995. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2022‐015, Resolution Accepting Proposal and Awarding Professional Services Agreement to Fitch & Associates for Stillwater Fire Department Staffing Analysis Consulting Services. All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski and the Council encouraged everyone to check out the snow sculpting championship event being kicked off tomorrow. Councilmember Polehna expressed sadness on the death of Major General James O’Brien’s wife Marjorie last week. City Council Meeting January 18, 2022 Page 6 of 6 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:35 p.m. Ted Kozlowski, Mayor ATTEST: Tom McCarty, Acting City Clerk Resolution 2022‐009, Resolution of Support for Washington County’s Application for the County State Aid Highway 5 Connection to the Browns Creek State Trail Project to the Economic Development Administration Resolution 2022‐010, A Resolution Rejecting an Appeal to, and Upholding the Planning Commission Approval of, a Conditional Use Permit for Outside Storage Associated with Stillwater Towing to be Located at 1749 Greeley Street South (CPC Case No. 2021-57 & 2021-66) Resolution 2022‐011, Resolution Approving the Memorandum of Agreement (MOA) Between the State of Minnesota and Local Governments and Authorizing Participation in National Opioid Settlements Resolution 2022‐012, Approving License to Use Real Property Resolution 2022‐013, Resolution Approving Implementation of Updated Stillwater Compensation Plan Wage Schedule Effective January 1, 2022; Authorizing $100,000 Expenditure of Unassigned General Fund Balance to Assist in Funding Implementation Costs Resolution 2022‐014, Approving Employer Paid Covid-19 Leave Resolution 2022‐015, Resolution Accepting Proposal and Awarding Professional Services Agreement to Fitch & Associates for Stillwater Fire Department Staffing Analysis Consulting Services 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL SPECIAL MEETING MINUTES January 22, 2022 SPECIAL MEETING 8:30 A.M. Mayor Kozlowski called the meeting to order at 8:30 a.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Finance Director Provos Fire Chief Glaser Human Resources Manager Robole Police Chief Mueller Public Works Director Sanders IT Manager Holman OTHER BUSINESS City Administrator Vacancy Recruitment Selection Mark Casey, David Drown Associates, led discussion of the 4 finalist candidates. The Council conducted interviews with the 4 finalist candidates: David Murphy, Tim Gladhill, Bruce Messelt and Joe Kohlmann for the City Administrator position. Following the interviews, the council deliberated on the candidates. Motion by Councilmember Pohlena, seconded by Councilmember Junker to offer the position of City Administrator to Joe Kohlmann and to authorize consultant Mark Casey, Donna Robole and Councilmember Odebrecht to negotiate terms and conditions of the contract. All in favor. The Council discussed parameters for conditions of the contract, including salary, cell phone allowance, car allowance, vacation and sick leave accrual and severance. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 1:45 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk !" #$ # % &&' (!) #$ $& * +$ &' ,( #-+ & '' , #./+' ! 0' $' (( # 1 & 2'$ !,( #3* & ,"( 4'' /&'#$ 1# 25& , 5 - &&' ,)() & ' 2 - # 5 / + -& '' 6 ,") & / . 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ity of Stillwater Washington County, Minnesota ORDINANCE NO. 1179 AN ORDINANCE AMENDING STILLWATER CITY CODE BY REPEALING AND REPLACING CITY CODE SECTION 31‐508, FENCE REGULATIONS The City Council of Stillwater does ordain: SECTION 1 REPEAL AND REPLACE. Stillwater City Code Section 31-508, Fence regulations, is hereby repealed and replaced as follows: Subd. 1. Purpose. The purpose of this Section 31-508 is to provide for the regulation of fences in the city, to prevent fences being erected that would be a hazard to the public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses, other zoning restrictions and drainageways. Subd. 2. Permit required. Unless exempted pursuant to Subd. 3, no fence shall be erected without first obtaining a fence permit. Application shall be made to the community development director. The fee shall be established by resolution of the city council. The community development director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this Section 31-508. The city council shall hear and decide appeals when it is alleged that the community development director was in error. The appeals shall be taken as prescribed in Section 31-217 of this chapter. Subd. 3. Permit Exemptions. The following activities and uses shall be exempt from obtaining a fence permit. (a) Public park and school recreational fences, including backstops. (b) Snow fences between November 1 and April 15. (c) Fences used to secure active construction sites. (d) Fences used for erosion control. (e) Fences to enclose chicken coops/runs when a chicken keeping permit has been issued. (f) Fence repair. Subd. 4. Standards. Fences may be permitted in all yards, subject to the following: (a) Design. i. Fences in a design review overlay district must comply with adopted guidelines. ii. The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property. 2 (b) Location. i. Fences may be placed on the lot line provided that the footings are within the fence owner's property. ii. No fence shall be permitted on public rights‐of‐way without an encroachment agreement approved by the City Council. iii. No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic, subject to the provisions of Section 31-505, Subd. 1 that would control where inconsistent with this provision. iv. No fence shall be erected where it will impede a drainageway or drainage easement. v. No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod. (c) Height. Height shall be measured from ground grade to the top of the picket. The height of fences in all districts shall be subject to the following: i. Residential a) Fences in excess of 72 inches above the ground grade are prohibited in residential districts. b) Fences are limited to a height of 48 inches in the front yard a nd exterior side yard setback areas. ii. Non-residential a) Fences in non-residential districts may be erected on the lot line to the height of 72 inches. Non‐residential heights may exceed the maximum allowable height only if: 1. It is accommodating a security arm for barbed wire, the maximum allowed height shall be 96 inches; 2. It is used for screening required as part of an approved Conditional Use Permit. iii. Residential and non-residential. a) Where public safety is a concern, a minimum of 36” tall fence or equivalent safety barrier shall be required on top of any retaining wall that is four feet in height of higher. This fence shall be measured from the ground grade of the public space. b) Tennis courts, basketball courts and other substantially similar recreational situations in residential zones may have a single fence no higher than 10 feet. 1. Recreational fences must be set back a minimum of 10 feet from any property line. 2. With the exception of public park and school property, recreational fences cannot be located in the front or exterior side yard. 3 Subd. 5. Maintenance. Fences must be maintained to the following standards: (a)All fences, walls and screening must be maintained and kept in good repair by the property owners. The property owner is responsible to repair or remove fences, walls or screening if it becomes unsightly or a hazard to the public. (b) Missing boards, pickets or posts shall be replaced within 30 days with material of the same type and quality. (c)Fences and walls shall be installed and maintained in an upright condition. The ability to stand and remain upright must be supported entirely from the posts or support beams. (d)Fences designed for painting or similar surface finishes shall be painted, stained or varnished to manufacturer’s specifications. Metal fences must be preserved against rust. Subd. 6. Violations. Violations may result in an administrative citation pursuant to City Code Section 22‐10, abatement of the violation pursuant to City Code Section 38‐7, and/or a criminal citation pursuant to City Code Section 21‐9. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The fence ordinance has been revised to ensure they meet current community needs and to come into compliance with city and state regulations SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Approved this 1st day of February, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 February 1, 2022 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Because of the continuing COVID-19 Pandemic first declared by the World Health Organization on March 11, 2020, some or all of the County Board members may participate in this meeting by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person, or view/monitor the meeting electronically from a remote location via live webstream. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us, or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1.9:00 Roll Call 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the January 18, 2022, County Board meeting minutes. B. Adopt a resolution to amend the scope of two American Rescue Plan Act project descriptions in the county project plan. C. Approve Contract No. 14562 with Timothy Lindwall, for multi-systemic therapy services, in the amount of $105,000 annually, for the period of February 01, 2022, through December 31, 2026. D. Approve Contract No. 14584 with Corin Johnson, for multi-systemic therapy services, in the amount of $105,000 annually, for the period of February 01, 2022 through December 31, 2026. E. Approve Contract No. 14559 with Stepping Stone Emergency Housing for the amount of $190,000 with a term of February 1, 2022, through January 31, 2023, to provide services to individuals served in the Washington County hotel shelter program. Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer F.Approve licenses for the use of real property for the collection of household hazardous waste, and authorize execution by the Board Chair, County Administrator, and pursuant to Minn. Stat. 373.02. G.Adopt a resolution to approve a declaration on the Historic Courthouse property in relation to the acceptance of a Minnesota Historical Society's State Capital Project Grants-in-Aid County and Local Preservation Grants Program. H.Adopt a resolution to acquire right-of-way, permanent roadway easements, and temporary easements as a part of the construction of the County State Aid Highway (CSAH) 15 and 30th Street Intersection Project in the City of Lake Elmo, Baytown Township, and West Lakeland Township. I.Adopt a resolution and approve Grant Agreement No. 14583 with the Minnesota Department of Public Safety in the amount of $228,000 for the Violent Crime Enforcement Teams Grant Program. 4. 9:10 General Administration - Kevin Corbid, County Administrator A. Legislative Update B. COVID-19 Update and Operational Requests 5. 9:40 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. 9:55 Board Correspondence 7. 9:55 Adjourn 8. 10:00 Board Workshop with Administration - Kevin Corbid, County Administrator A. Update on fund balance usage authorized in 2021. Consent Calendar continued BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 January 25, 2022 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Because of the continuing COVID-19 Pandemic first declared by the World Health Organization on March 11, 2020, some or all of the County Board members may participate in this meeting by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person, or view/monitor the meeting electronically from a remote location via live webstream. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us, or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1.9:00 Roll Call 2.9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3.9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval to establish Fund 464 for the 2022 Land & Water Legacy Bond Sale and Fund 417 for the Land & Water Capital Project Fund. B. Approve Contract No. 14554 with Woodspring Suites in Woodbury in the amount of $275,000 to secure rooms to provide emergency housing to individuals experiencing homelessness in Washington County, for the term of February 1, 2022, through January 31, 2023. C. Approve Contract No. 14553 with the Stillwater Inn and Suites for the amount of $325,000 to secure rooms to be used for the purpose of providing emergency housing to individuals experiencing homelessness in Washington County, for the term of February 1, 2022, through January 31, 2023. D. Approve the submission of a grant application to the Department of Human Services for the Request for Proposals to Acquire and/or Renovate Emergency Homeless Shelters Designed to Mitigate the Spread of Infectious Disease not to exceed $3,000,000. E. Approve the tentative agreement for the 2022-2023 collective bargaining agreement with the Attorney's Association bargaining unit. Pledge of Allegiance Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer F.Approval of Contract No. 14534 with Dynamic Recycling for collection of waste electronics effective upon execution by the parties through December 31, 2024. G.Adopt a resolution approving the submission of a voting equipment grant application to the Office of the Minnesota Secretary of State. H.Approval of Contract No. 14342 with Kraus Anderson Construction in the amount of $693,000 for construction management services for the Household Hazardous Waste North (CIP#PHE- 003)/Northern Yard Waste (CIP#PHE-004) facility project. I.Adopt a resolution to accept a donation in the amount of $3,400 from Michael Dupont and family for a donation bench placed in Pine Point Regional Park. J.Adopt a resolution to approve a grant agreement between the Minnesota Historical Society and Washington County, to receive funds through the State Capital Projects Grants-in-Aid County and Local Preservation Grants Program in the amount of $54,500 for addition of storm windows for preservation of windows located at the Historic Courthouse. Consent Calendar continued 4.9:10 General Administration - Kevin Corbid, County Administrator (Item A) Wayne Sandberg, Public Works Deputy Director/County Engineer (Item B) A. Adopt a resolution accepting the 2021 4th quarter donations. B. Recognition of the Valley Branch Watershed District for being named as the 2021 Watershed District of the Year by the State of Minnesota Department of Natural Resources. 5.10:00 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6.10:15 Board Correspondence 7.10:15 Adjourn 8.10:20 Board Workshop with Public Health & Environment - David Brummel, Director Jill Timm, Deputy Director Kris Keller, EpidemiologistA. COVID-19 Update