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2022-07-19 CC Agenda Packet
Zoom Meeting Participant ID: 327525 X IT Alert Click to join audio IT1 Join Audio Gladhill Start Video Type here to search i11\aier 111E &I IWNWFL AC E. 01 WI N•M•E•50.1A 1 Security Beth Wolf City Hall present... City Hall presentations Linda Countryman Linda Countryman �i 6 © DD �+ • • • Participants Share Screen Pause/Stop Recording Reactions More Leave Participants (6) )-host, me, participant ID: 327525) ,n C IT Alerts (Host) Stillwater AV 011 Linda Countryman elCity Hall presentations Tim Gladhill Invite Mute All (Ix8:03PM 7/19/2022 1 I 1 Tim Gladhill From: brandonkotval@gmail.com <brandonkotval@gmail.com> Sent: Tuesday, July 19, 2022 1:04 PM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: FW: 7155 Melville Court N. [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ From: Tim McGlynn <tmmcglynn@mmm.com> Sent: Monday, June 6, 2022 11:23 AM To: brandonkotval@gmail.com Subject: 7155 Melville Court N. To Whom It May Concern: My wife Cari McGlynn and I live at 332 Melville Ct. N. in Stillwater and are writing to provide our full support for the Kotval family at 7155 Melville Ct. N. to build an additional garage on their property. We hope the city approves their request. Please reach out if you’d like further input from us. Regards, Tim & Cari McGlynn 651‐785‐4372 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 REVISED AGENDA CITY COUNCIL MEETING July 19, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Washington County Historical Society Budget Request – Brent Peterson, Executive Director 2. Proclamation – National Baseball Hall of Fame Inductee, Bud Fowler V. OPEN FORUM –open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 11. July 5, 2022 Regular and Recessed Meeting Minutes 12. Payment of Bills 13. Catalytic Converter Ordinance – Ordinance 2nd Reading 14. Climb Theatre Performance Agreement 15. Interim Use Permits to Authorize Outdoor Seating with Performance Standards – Ordinance 2nd Reading 16. Library Board of Trustees Appointment 17. Lumberjack Landing Purchase Agreement Amendment #2 18. Massage Therapy License Ordinance – Ordinance 2nd Reading 19. Release Agreement for TIF Note Assignment Termination 20. Third Party Gift Card Procurement – Ordinance 2nd Reading – Postponed to future meeting 21. Washington County Sheriff’s Office Joint Powers Agreement and Security Agreement for Law Enforcement Records Management System VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 22. Case 2022-28 to consider an appeal request by Brandon and Dawn Kotval, the property owners. Request is for the re-consideration of a Variance to construct a detached garage. Property located at 7155 Melville Ct N. Notices mailed and published July 8, 2022. Page 2 of 2 City Council Meeting Agenda July 19, 2022 IX. UNFINISHED BUSINESS X. NEW BUSINESS 23. Downtown Manhole Rehabilitation Project Approve Plans and Specifications – Resolution 24. Fee Schedule Amendment for Ordinance Updates and Ice Rental – Resolution 25. Procedure for Consumer Adjustments to Utility Billing Ordinance Amendment – Ordinance 1st Reading XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Mayor City of Stillwater, Minnesota Proclamation WHEREAS, Bud Fowler was born John W. Jackson in Fort Plain, New York, in 1858. He and his family moved to Cooperstown, New York, where he grew up. He took the name "Fowler" when he started playing baseball. He passed away on February 26, 1913, in Fort Plain, New York; and WHEREAS, Fowler is considered by the Baseball Hall of Fame the first Black professional baseball player in history when he played in Massachusetts in 1878. His career took him all over the United States and into Canada; and WHEREAS, Fowler arrived in Stillwater, Minnesota, in March 1884 to play for the Stillwater club of the Northwestern League. He boarded at the "Live and Let Live" boarding house at 222 East Chestnut Street; and WHEREAS, Fowler was the only black player on the Stillwater Club and the only black player in the twelve team league. He also found work as a barber with Stillwater barber Sam Hadley; and WHEREAS, Fowler Pitched the Stillwater club to its first win in which he received a bonus of $10 and a new suit of clothes. He played in 51 games, batted .298 and won seven games for the Stillwater team before the club folded in early August 1884; and WHEREAS, Fowler would play on other clubs throughout the country, and when he could no longer find a club that would sign him he started his own black barnstorming clubs, the most famous being the Page Fence Giants of Adrian, Michigan; and WHEREAS, Fowler was elected to the National Baseball Hall of Fame on December 5, 2021, and will be officially inducted on Sunday, July 24, 2022. NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim July 24, 2022 as ~ Bud Fowler Day! ~ in the City of Stillwater and urge all the people of Stillwater to join in and celebrate this historic achievement, and to continue supporting the many athletes who’ve been inspired by this baseball pioneer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 19th day of July, 2022. Page 1 CITY OF STILLWATER LIST OF BILLS Abbott Paint Supplies 803.94 Ace Hardware Supplies 411.19 Advance Auto Parts Supplies 292.12 AT&T Mobility 6813 FirstNet Locator 31.19 AT&T Mobility 8509 Cell Phone 77.96 Axon Enterprises Supplies 287.64 Backgroundchecks.com Background checks 253.05 Batteries Plus Bulbs Equipment repair supplies 138.52 Benson Joanne Park Fee Refund 100.00 BHE Community Solar Solar Energy 6,159.09 BlueCross BlueShield Group Medicare Retiree Health Insurance 14,084.00 BlueCross BlueShield of MN Inc. Retiree Health Insurance 18,539.83 Bolton & Menk Inc. Professional services 5,631.50 Bureau of Crim. Apprehension Terminal access charge 270.00 Campion Barrow & Associates Fire services 440.00 CDW Government Inc. Computer supplies 123.29 Cintas Corporation Uniforms & towels 383.84 City of St. Paul Firearm training 1,000.00 CivicPlus Municode full service code online 950.00 Cole Papers Supplies 273.34 Comcast TV Internet & Voice 1,376.19 Community Thread Contribution 5,250.00 Coremark Metals Stainless steel 191.04 Corval Constructors Equipment Repair Charges 456.00 Cub Foods Beverages 49.48 Enterprise FM Trust Lease vehicles 10,461.56 Ferguson Waterworks #2518 Supplies 438.96 Forestry Suppliers Inc. Paint 362.90 Goodyear Commercial Tire Tires 828.48 Gopher State One Call Inc. Locates 465.75 Grainger Lever lockset 180.20 Guardian Supply Uniforms - Vetsch 49.99 Gunderson Brandon Reimburse for expenses 430.63 Hawkins Inc Chlorine 58.67 Jefferson Fire and Safety Inc. Foam 2,602.00 Johnson Controls Fire Protection LP Alarm service 349.20 Kelly & Lemmons PA Prosecution 16,666.00 Kirvida Fire Inc. Hypro low level switch 252.40 Kwik Trip Inc Fuel 11.65 League of MN Cities Respect@Work 25.00 League of MN Cities Ins Tr Insurance for fireworks 250.00 Lincoln National Life Insurance Co COBRA Life Insurance 7.20 Loffler Companies Telephony labor 131.25 MacQueen Equipment Inc. Equipment repair supplies 214.14 Mansfield Oil Company Fuel 4,617.09 Menards Supplies 2,938.36 Metropolitan Council Monthly SAC 14,760.90 Metropolitan Council Environmental Wastewater Charge 171,634.30 Page 2 Miller Excavating 2022 Street Project 120,361.23 Minnesota Paving & Materials Asphalt 272.00 Minnesota UI Fund Unemployment insurance 1,640.00 MK Mechanical Inc Boiler repair 262.50 MN Dept of Labor and Industry Quarterly Surcharge 6,389.39 MP Nexlevel LLC Locating 1,025.70 Nutritional Weight & Wellness Wellness water webinar 450.00 Otis Elevator Company Elevator contract 1,611.00 Performance Plus LLC Drug Screen 90.00 PowerDMS Plan It subscription and mobile to mobile 1,824.65 Pro-Tec Design Water treatment card reader & gate release 5,391.44 Quill Corporation Supplies 116.74 R&R Specialties Inc. Equipment repair supplies 714.80 RDO Equipment Equipment repair supplies 127.45 RES Specialty Pyrotechnics Inc. Fireworks 45,000.00 Riedell Shoes Inc. Skates 151.05 SHI International Corp Barracuda 2,947.20 Sirotiak Lauren Reimburse for vehicle wash 47.72 SiteOne Landscape Supply Supplies 58.12 Smith Filter Corporation Filters 1,151.33 St. Croix Boat and Packet Co. Dock Space Lease 2,666.67 St. Croix Recreation Fun Playgrounds Burke playground 93,954.40 Stillwater Motor Company Vehicle repair 408.34 Stillwater Towing Towing 375.00 Streichers Ammo 3,450.10 Taylor John Refund cancelled permit 90.00 The Toonies LLC Environmental performances for Teddy Bear Park 4,000.00 Thomson Reuters Information Charges 162.86 Toll Gas and Welding Supply Cylinders 46.56 Twin Cities Recreation Inc. Burke playground 23,184.00 Uline Inc Speed bumps & towel dispenser cover 1,519.22 United Refrigeration Inc Fan blade 415.85 United States Treasury PCORI Tax 504.99 US Bank Paying Agent Fees 500.00 Voyant Communications Phone 556.07 Waldron Company Curling Center 788.00 Wasche Commercial Finishes PW Polishing project 12,426.00 Washington County Taxpayer Services 2022 Property tax for 19.030.20.32.0088 23.98 Washington Cty Historical Society Contribution 1,250.00 Wruck Sewer & Portable Rental Portable restroom rental 4,440.18 Xcel Energy Energy 23,441.99 Youth Service Bureau Contribution 2,750.00 LIBRARY 4Imprint Programs 647.49 Ace Hardware Janitorial Supplies 37.54 Amazon Business Materials 196.33 Baker and Taylor Programs 8.46 Carpenter St. Croix Valley Nature Center Programs 173.76 Page 3 Chan Karen Programs 350.00 Comcast Internet 188.10 Culligan of Stillwater Water 55.00 Menards Janitorial Supplies 24.91 Rose Floral Terrace Plants 382.84 Snake Discovery LLC Programs 200.00 The Bug Zone Programs 225.00 TOTAL 654,385.80 Adopted by the Stillwater City Council this 19th day of July, 2022 Mayor Ted Kozlowski DATE: TO: FROM: July 18, 2022 Honorable Mayor and City Councilmembers Shawn Sanders, Director of Public Works SUBJECT: Amendment to Purchase Agreement BACKGROUND The closing date tied to the purchase agreement with Stillwater Marina was scheduled for the end of July. The survey for the agreement is not ready and we will not meet the July purchase agreement date. Attached is amendment to the purchase agreement prepared by the City Attorney that would complete the purchase by the end of September (not August previously stated). RECOMMENDATION Staff recommends the City Council approve the Second Amendment to Purchase Agreement ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Second Amendment to Purchase Agreement. REVISED 1 SECOND AMENDMENT TO PURCHASE AGREEMENT THIS SECOND AMENDMENT TO PURCHASE AGREEMENT (this “Second Amendment”) is entered into as of __________________, 2022 (“Effective Date”), by and between Stillwater Marina and Yacht Club, LLC, a Minnesota limited liability company (“Seller”), and the City of Stillwater, a Minnesota municipal corporation (“City”). RECITALS Recital No. 1. Seller and City entered into a purchase agreement dated April 19, 2022, as amended by the First Amendment to Purchase Agreement dated June 21, 2022 (collectively “Purchase Agreement”), for the purchase and sale of real property identified in the Purchase Agreement. Recital No. 2. City has requested an extension of the Closing Date to occur no later than September 30, 2022. Recital No. 3. Seller does not object to the requested extension. NOW, THEREFORE, in consideration of the covenants and the mutual obligations contain herein, the parties hereby covenant and agree with each other as follows: 1. Section 6 of the Purchase Agreement shall be removed and replaced in its entirety as follows: 6. Closing. The closing of the purchase and sale contemplated by this Agreement (“Closing”) shall occur no later than September 30, 2022 (“Closing Date”), unless otherwise agreed to by the parties. Seller agrees to deliver legal and actual possession of the Property to City on the Closing Date. 2. Except as provided for above, the terms and provisions of the Purchase Agreement shall remain in full force and effect. 3. This Second Amendment and all disputes or controversies arising out of or relating to this Second Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 4. Nothing contained herein shall be deemed a waiver by City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Seller or its successors or assigns, shall be subject to any governmental immunity defenses of City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. 2 5. This Second Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 6. This Second Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF STILLWATER By: ___________________________ Ted Kozlowski, Mayor By: ___________________________ Beth Wolf, City Clerk SELLER: STILLWATER MARINA & YACHT CLUB, LLC By: Andy Malon Its: Managing Partner 1 Tim Gladhill From: Brooke Gavin <> Sent: Monday, July 18, 2022 8:56 AM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: Re: City of Stillwater Proposed Massage Establishment and Massage Therapist License [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ Tim, Thank you for bringing this to my attention. I am in favor of city licensing and believe that it brings extra credibility to the working therapists. Please let me know when/if this motion gets approved and I will gladly fill out the application for myself and my business. Have a great day! Brooke On Mon, Jul 18, 2022 at 8:10 AM Tim Gladhill <tgladhill@ci.stillwater.mn.us> wrote: You are receiving this message as a potential business providing massage therapy services subject to potential new license requirement in the City of Stillwater. Greetings! I am writing to you as a valued member of the City of Stillwater Business Community. To ensure a safe and healthy community and business climate, the City of Stillwater is considering a Massage Establishment and Massage Therapist License requirement to operate within the City of Stillwater, similar to a number of other area communities. Additional details can be found in the Staff Report to City Council. We value your feedback, so feel free to reach out to me with questions or concerns. If I am not immediately available when you reach out, you can also schedule a time to meet at calendly.com/tgladhill. Essentially, the proposed ordinance would require an annual license for the establishment as well as the massage therapists providing services within said establishment. The proposed fee would be $100 for the establishment and $15 for each therapist to cover the necessary background checks. We’ve attempted to craft this new license requirement to be the minimum requirements necessary. Sincerely, Tim Gladhill City of Stillwater Community Development Director tgladhill@ci.stillwater.mn.us www.ci.stillwater.mn.us https://www.facebook.com/StillwaterMinnesota P: 651-430-8821 Schedule a Meeting: calendly.com/tgladhill 1 Tim Gladhill From: Lisa & Bob Green <> Sent: Monday, July 18, 2022 10:05 AM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: RE: City of Stillwater Proposed Massage Establishment and Massage Therapist License [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ Thank you! I am fine with an application when the time comes. Thank you! With Kind Regards, Bob & Lisa Green ~Good Dog, LLC. ~Island Time Spa ~Santa in Stillwater. ~Minnesota Press On Jul 18, 2022, 10:00 AM ‐0500, Tim Gladhill <tgladhill@ci.stillwater.mn.us>, wrote: No Application required yet. I think the process will actually start after the first of the year, if approved. From: Lisa & Bob Green <> Sent: Monday, July 18, 2022 9:47 AM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: Re: City of Stillwater Proposed Massage Establishment and Massage Therapist License [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ Hi, Tim. Is there an application process to start right away or do we have to wait for now? Thank you! With Kind Regards, Bob & Lisa Green ~Good Dog, LLC. ~Island Time Spa ~Santa in Stillwater. ~Minnesota Press On Jul 18, 2022, 8:10 AM ‐0500, Tim Gladhill <tgladhill@ci.stillwater.mn.us>, wrote: You are receiving this message as a potential business providing massage therapy services subject to potential new license requirement in the City of Stillwater. Greetings! I am writing to you as a valued member of the City of Stillwater Business Community. To ensure a safe and healthy community and business climate, the City of Stillwater is considering a Massage Establishment and Massage Therapist License requirement to operate within the City of Stillwater, similar to a number of other area communities. Additional details can be found in the Staff Report to City Council. We value your feedback, so feel free to reach out to me with questions or concerns. If I am not immediately available when you reach out, you can also schedule a time to meet at calendly.com/tgladhill. 2 Tim Gladhill City of Stillwater Community Development Director tgladhill@ci.stillwater.mn.us www.ci.stillwater.mn.us https://www.facebook.com/StillwaterMinnesota P: 651-430-8821 Schedule a Meeting: calendly.com/tgladhill Essentially, the proposed ordinance would require an annual license for the establishment as well as the massage therapists providing services within said establishment. The proposed fee would be $100 for the establishment and $15 for each therapist to cover the necessary background checks. We’ve attempted to craft this new license requirement to be the minimum requirements necessary. Sincerely, 1 Tim Gladhill ‐‐‐‐‐Original Message‐‐‐‐‐ From: Heidi Rosebud <> Sent: Monday, July 18, 2022 9:22 AM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us> Subject: Re: Massage License [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ Hello Tim, Thank you for the email. I do beleive that is reasonable. I have a concern for the proof of education in the reading as well. I think it states that the city wants the transcripts sent directly from the school to the city of stillwater for each Massage therapist? I know my certificate of completion in Massage Therapy is 31 years old and the school is not there any longer and there was not any transcripts, we just did our 900‐1100 hours. I also want to make sure that when you say the State Board of Cosmetology covers head hand feet you should be aware we are also licensed in Esthetician services which is the entire body and is based on the skin, we have 8 Estheticians that includes myself as well and we are all AP (advanced practice). I think the last meeting the city took out limited licenses and therapists? Let me know if you have any questions on my concerns Tim. I am available to chat as well. Thanks Tim. heidi@justformespa.com 612‐247‐7363 cell > Heidi: > > As you know, I am assisting our Police Department with a proposed > ordinance that would establish a Massage License for both the > establishment and individual therapists. Previously, one of your > primary questions was fees associated with said proposed license. > Consistent with other smilar licenses, the proposed fee schedule is > as follows (annual renewal for both). > > * Est blishment License = $100 > * Therapist License = $15 (covers the BCA Background Check only) > > Let me know if you have any questions or concerns. I am more than > ha py to talk through any of these with you. > > Sincerely, 2 > > Tim Gladhill > > City of Stillwater > > Community Development Director > > tgladhill@ci.stillwater.mn.us > > www.ci.stillwater.mn.us [1] > > https://www.facebook.com/StillwaterMinnesota [2] > > P: 651‐430‐8821 > > Schedule a Meeting: calendly.com/tgladhill [3] > > > > Links: > ‐‐‐‐‐‐ > [1] http://www.ci.stillwater.mn.us/ > [2] https://www.facebook.com/StillwaterMinnesota > [3] http://bay.acenet.us/calendly.com/tgladhill ‐‐ Please visit our website for directions, parking instructions, where to enter the building and other frequently asked questions. Yours In Good Health, Heidi Just For Me Spa & Salon 110 S Greeley Street | Stillwater, MN 55082 651‐439‐4662 | justformespa.com BOARD WORKSHOPS 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 July 19, 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 Workshops will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board Workshops 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. 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 Workshops, will be provided to each county commissioner. 1.9:00 Board Workshops with Public Works - Wayne Sandberg, Director A.Provide an update on bids received and financial review for the Lake Elmo Park Reserve Swim Pond Filtration System Improvement Project B.Provide an update on bids received and financial review for St. Croix Bluffs Regional Park Boat Launch Improvement Project 2.10:00 Board Workshops with Administration - June Mathiowetz, Senior Planner (item 2A) - Janna Oman and Larry Phillips, Budget/Financial Analysts (item 2B) A.Board direction on the future funding of the County's Land and Water Legacy Program B.Discuss key components impacting the 2023 budget. *Please note: No official county business or votes will take place during Workshop Only meetings. 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 July 19, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Washington County Historical Society Budget Request – Brent Peterson, Executive Director V. OPEN FORUM –open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 10. July 5, 2022 Regular and Recessed Meeting Minutes 11. Payment of Bills – Available Tuesday 12. Catalytic Converter Ordinance – Ordinance 2nd Reading 13. Climb Theatre Performance Agreement 14. Interim Use Permits to Authorize Outdoor Seating with Performance Standards – Ordinance 2nd Reading 15. Library Board of Trustees Appointment 16. Lumberjack Landing Purchase Agreement Amendment #2 17. Massage Therapy License Ordinance – Ordinance 2nd Reading 18. Release Agreement for TIF Note Assignment Termination 19. Third Party Gift Card Procurement – Ordinance 2nd Reading 20. Washington County Sheriff’s Office Joint Powers Agreement and Security Agreement for Law Enforcement Records Management System VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 21. Case 2022-28 to consider an appeal request by Brandon and Dawn Kotval, the property owners. Request is for the re-consideration of a Variance to construct a detached garage. Property located at 7155 Melville Ct N. Notices mailed and published July 8, 2022. IX. UNFINISHED BUSINESS Page 2 of 2 City Council Meeting Agenda July 19, 2022 X. NEW BUSINESS 22. Downtown Manhole Rehabilitation Project Approve Plans and Specifications – Resolution 23. Fee Schedule Amendment for Ordinance Updates and Ice Rental – Resolution 24. Procedure for Consumer Adjustments to Utility Billing Ordinance Amendment – Ordinance 1st Reading XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT WCHS WASHINGTON COUNTY HISTORICAL SOCIETY July 15, 2022 Dear Stillwater Mayor & Council: The Washington County Historical Society [WCHS] has been collecting, preserving and disseminating the history of Washington County and the state of Minnesota for 88 years. WCHS keeps the stories of the past and present to inspire and excite people from today and tomorrow with what we as a society have done right and learn from what we have done wrong. This past year for the WCHS has been a magnificent one. Last October we opened our new multi-million dollar Heritage Center in Stillwater. Since that time, more than four thousand people have come and viewed the Center and its new exhibits. The new exhibits , on indigenous beadwork, black baseball, Stillwater photographer John Runk, fashions from the 1860s & 1960 and the exhibit on our logging past, have all been recognized as important markers for our community. The logging exhibit, called "From the Woods to the World," won a 2022 Minnesota History Award for exhibitions. At the Center we collaborate with ArtReach St. Croix as they have an area to put art exhibitions in -a new exhibit was just put in last week! We also have a "Community Corner" in which other historical organizations can show off what they have -currently we have the Woodbury Heritage Society and in September, Arcola Mills Foundation will move into that site. Also at the Center, we have been able to do more events than we previously could. We have programs that highlight all history that includes Murder in Minnesota, Bud Fowler and the 1884 Stillwater Baseball club , Natural resources of the area, and much more. We have these programs in person and via zoom , and then are posted on our Facebook page and Y ouTube. While the WCHS opened a new center, the Warden's House Museum on North Main Street, continues to welcome guests from around the country and from around the world. The Warden's House, which opened in 1941 , is the second oldest house museum in Minnesota. In the Warden's House this year, we have an exhibit dedicated to the 1501h anniversary of the Stillwater Fire Department. The Warden's House Museum has also hosted events and programs and will be looking forward to our paranormal events this coming October. Besides just the_ museums, the WCHS is active outside. of the museums holding the Stillwater Historic Homes Tour in May and the ever-popular Winter Ice Cream Social in Lowell Park during January. This past January we had more than two thousand ice cream cones handed out free to those who challenge the winter temperatures. The WCHS also operates two former rural schools , the Hay Lake School in Scandia -along with the Erickson Log House and does programing for the Eder School at the Oakdale Nature Preserve. These sites help to bring the history of our education systems to the present and help today's children understand how schools operated one hundred years ago. The Washington County Historical Society still faces a financial challenge. The Warden's House museum is in need of a new front porch, the carriage house roof is in need of repair and trees that line the driveway need to be removed before they fall on the museum -again! There is still a fear of Covid, which has kept many groups away including school groups that have helped the WCHS be able to meet its financial commitments. The City of Stillwater has supported the Washington County Historical Society in the past and we ask you again to support us in 2023. We would like to ask the city of Stillwater for an annual appropriation of $7,500. Thank you for your support, mcerely, ~ Executive Director Washington County Historical Society 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 5, 2022 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS Mayor Kozlowski thanked the organizers, Public Safety, and Public Works staff for a wonderful 4th of July celebration. CBD and Cannabis Ordinance City Attorney Land led discussion of a new law that took effect July 1 that allows adults 21 and older to buy edibles infused with hemp-derived cannabinoids, including limited amounts of THC. She reviewed proposed zoning regulations that attempt to appropriately place cannabis uses with public health, safety and welfare performance standards. The proposed ordinance defines cannabis-related uses and allows the following uses in specific zoning districts: 1) Medical distribution facility in the BP-C, BP-O and BP-I with an Interim Use Permit (IUP); 2) Medical labs in the BP-I with an IUP; 3) Hemp Growing Operations in the Ag as a permitted use. Distribution facilities and labs would be allowed with a maximum 3-year IUP; they must have a security plan and comply with distance requirements from schools and residential districts. Hemp growing operations require a minimum of 200 contiguous acres, they must have a state license to grow hemp and they cannot sell CBD products on site. Medical marijuana manufacturing and hemp manufacturing are prohibited within the City as those uses tend to produce nuisance-related issues. In light of the new law, she asked if the Council would like to revisit zoning prod ucts out of downtown (the two existing retailers would remain as legal nonconforming uses); she could include that in the ordinance. She also stated that on November 9, 2021, the City put a moratorium in place for marijuana uses, so the City would legally be able to inform those CBD stores right now that they cannot sell the new edibles. City Council Meeting July 5, 2022 Page 2 of 9 Mayor Kozlowski asked how enforcement officers would know, among the 100s of products in the store, how to separate the newly legalized items from what was being sold there a week ago, or is enforcement complaint-driven; and Police Chief Mueller answered that it has been dealt with on a complaint basis in the past. To date the City has not begun regulating any retail establishment regarding what is on their shelves. Councilmember Junker remarked that one store is a CBD store, and he would guess that at least 51% of their sales are THC (which would mean under the City’s ordinance no one under 21 may enter). He inquired how to monitor their sales and books to determine this; and Ms. Land responded that, due to the current moratorium, it is a crime to sell THC products and there is a way to obtain the sales records. On a question by Councilmember Polehna about how the City can s upersede State law if THC is legal now, how can the City tell vendors how much they can sell; and City Attorney Land replied that while the State made it legal to sell THC, the City can regulate with zoning where it can be sold. What defines a CBD shop is if 51% of their product sales are CBD products. She has verified there is nothing in the new law that prohibits cities from limiting, restricting, or zoning for CBD shops, for example, the City could require a license for CBD shops. She stated the Council’s general feeling seems to be that CBD shops should be regulated through zoning, and the City will try to determine what products they had before and what products they have added to their shelves as a result of the new law. Mayor Kozlowski stated he believes the legalization of weed is coming. His main concern is not whether people smoke weed, but the potential for CBD stores to take over an area and then go out of business quickly, as occurred in other states. If there can never be more than two CBD shops, he is okay with it even if they sell more, but he would like to keep these shops from taking over Main St. Councilmember Polehna voiced concern pushing CBD shops up the hill into his Ward. City Attorney Land suggested the City could limit the number of licenses for CBD shops. The kind of product is already restricted to .3% THC, so they cannot sell recreational marijuana even if it is legalized, because they are limited to products they have today. She will continue to work on the ordinance. STAFF REPORTS Public Works Director Sanders informed the Council that on July 11, Hwy 36 will be reduced to one lane in both directions for three weeks. Dead trees at Terra Springs will be removed by July 15. He updated the Council on staffing issues. The Council discussed the difficulties with the cessation of yard waste pickup. City Administrator Kohlmann stated there are a number of cities in the same predicament with no apparent remedy. Mayor Kozlowski stated he would like to check into hiring another contractor. He questioned what to do with the yard waste bins which belong to Waste Management. City Clerk Wolf asked if the contract could be amended to strike yard waste pickup, and City Attorney Land answered replied yes. The company also has a $300,000 performance bond that could be tapped. Consensus was that the City will hire a yard waste contractor for cleanup of carts and leftover bags, and also for fall cleanup. City Council Meeting July 5, 2022 Page 3 of 9 Police Chief Mueller recapped the 4th of July celebration; reported that the Police Department is starting an Instagram account; and provided staffing updates. In response to questions from the Council, he stated the law enforcement presence at the 4th of July was to make people comfortable and to be able to respond to any situation. Fire Chief Glaser recapped holiday weekend activities, including a coal dust explosion at the King Plant. He stated the 150th celebration made the State Fire Chief’s Magazine. Finance Director Provos stated the Financial Report will be available on the City web site. Community Development Director Gladhill briefed the Council on staffing; issues with unauthorized work at 223 S. Main St.; design changes for the Chestnut apartment project; Hanson Place code enforcement; and the Central Commons project. City Attorney Land reviewed ordinances up for discussion at 7 p.m. City Administrator Kohlmann stated speed bumps have been installed in the parking ramp; updated the Council on a meeting with BakerTilly; and stated staff is working on the 2023 budget. IT Manager Holman reported that most computers in the Police Department are being replaced and an asset inventory is being completed. Department staff is meeting with the Bureau of Criminal Apprehension on requirements, and Cyber Security policies are being drafted. An IT Committee has been formed to review City cameras. Library Director Troendle thanked Councilmember Polehna for the fireworks music. He stated free COVID home tests are available at the Library. He reviewed upcoming programs. RECESS Mayor Kozlowski recessed the meeting at 5:42 p.m. RECESSED 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 Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Assistant Finance Director Norby PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. City Council Meeting July 5, 2022 Page 4 of 9 RECOGNITIONS OR PRESENTATIONS Proclamation – Stillwater Area High School Synchronized Swimming Mayor Kozlowski presented a proclamation congratulating the Stillwater Area High School Girls Synchronized Swimming Team for winning the 2022 Minnesota State High School 4A East Section Championship Title May 27, 2022. Proclamation – Stillwater Area High School Baseball Mayor Kozlowski recognized the Stillwater Area High School Boys Baseball Team, SEC Conference 4A State Champions for the 3rd time. Comprehensive Financial Report Audit Review – Chris Knopik, CliftonLarsonAllen Chris Knopik, CliftonLarsonAllen, presented the 2021 Audit and commended the Finance Department for a favorable audit result. OPEN FORUM There were no public comments. CONSENT AGENDA June 21, 2022 regular meeting minutes Payment of Bills Appointments of Election Judge for 2022 Primary Election – Resolution 2022‐091 Cintas Uniform Rental Agreement New Intoxicating Liquor License with Sunday Sales for Howard’s Bar Inc. – Resolution 2022‐092 River Siren Brewing Co. Event Permit for Bands of the Brave River Siren Brewing Co. Event Permit for Octoberfest River Siren Brewing Co. Liquor License Temporary Premise Extension – Resolution 2022‐ 093 Temporary Liquor License for St. Mary’s Wild Rice Festival Temporary and Permanent Easement - 1524 Olive Street Tricia and The Toonies Performance Agreement Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2022‐41 to consider a Preliminary Plat application to consolidate six existing lots into three proposed new lots and a Conditional Use Permit for a drive-through coffee business. Property is located at 2001 Washington Avenue. Notices mailed to affected property owners and published in the Stillwater Gazette on June 9th, 2022 Community Development Director Gladhill explained the application. The City has received a series of applications regarding the infill development of two retail parcels along the south property line of 2001 Washington Ave, referred to as the former Herberger’s site. The process is a bit complicated as a portion requires City Council approval while a portion can be approved by the Planning Commission. Lot 1 (existing) consists of the existing building City Council Meeting July 5, 2022 Page 5 of 9 currently shared by Harbor Freight and DiaSorin warehouse. Lot 2 (currently proposed) would be Caribou Cabin. Lot 3 (future development) would be for a future retail building with drive-through. Tonight’s primary focus is the Caribou Cabi n site; however the applicant would like the City to approve a plat for two (2) lots, including a future retail building to be reviewed at a future date. Lot 2 (Caribou) appears to meet all required Zoning Code requirements. While there may be some limited opportunities to withhold approval for traffic safety and capacity concerns, staff believes it is appropriate to approve this portion of the request. The Planning Commission recommended that the City Council approve only Lot 2 (Caribou) and not approve Lot 3 (future development) based on the following findings: 1) the proposal lacks the requested traffic analysis; 2) Lot 3 lacks the necessary frontage directly on a public road; 3) introducing two drive-through users would further exacerbate an existing traffic issue at Washington Avenue and West Frontage Road; and 4) introducing two drive-through users would likely create numerous conflict points internal to the site. Staff has reviewed this recommendation with the City Attorney, who concurs with this recommendation. Mr. Gladhill noted that MnDOT comments received July 1 stated that the existing Washington Ave/North Hwy 36 frontage road intersection has existing operational problems. MnDOT commented that access for this new development should not worsen these conditions, and recommended that the main access across from the credit union be the primary access for the development, and that the south access be closed. Mr. Gladhill added that he has discussed with the Public Works Director how to try to budget dollars for a better traffic study, and that Public Works and the engineering staff agreed they could support a right-turn-only restriction for the southern access, to eliminate the tendency for U-turns. Mayor Kozlowski asked if MnDOT’s comments are suggestions or requirements; and Mr. Gladhill answered that it appears that it was a suggestion. Washington Ave is under City jurisdiction. Councilmember Junker remarked that, especially if the right-turn-only southern access is eliminated, the only way to access Caribou will be to drive through the entire parking lot. He thinks the traffic pattern within the site must change, adding some traffic lanes within the parking lot. Councilmember Odebrecht pointed out that the existing user, Harbor Freight, uses a lot less parking than the former Herberger’s. City Attorney Land reminded the Council that this is a preliminary plat application and it is not known who the end users will be, so the Council should address the overall circulation, driveway entrances, and the additional lots being created. Any modification to the plat as presented tonight would be considered denial. Mayor Kozlowski opened the public hearing. Michael Givens, property owner, explained why they feel the proposal is the best plan. They will miss the construction season if approval is not granted now. The three-lot concept came from feedback from City staff, which has turned over since the project began. Staff recommended creation of Outlot A based on where a frontage road could conceivably come through the property, mirroring the frontage road on the east. Though there is no user yet for Lot 3, they would like the lot platted to give the broker something to market. He added City Council Meeting July 5, 2022 Page 6 of 9 it is very hard to do a traffic study when there is still 32,000 square feet left in the main building and an outlot for an unknown use. Councilmember Collins acknowledged it is a horrible intersection, and he is concerned that Caribou customers will be backing up onto Washington Ave.; and Mr. Givens responded that it would probably take over 20 cars stacked to reach Washington Ave. Councilmember Junker stated he talked to someone who estimated Caribou could see 200- 300 cars a day; and Councilmember Polehna noted the Starbucks by Kowalski’s needs a police officer to direct traffic. Brian Zeller, Telus Property Services + Solutions, stated 200-300 cars a day is an accurate estimate and because they will come in the entrance further to the north there should not be any backup onto Washington Ave. The second user is unknown; it will come back to the Council at a later time. Mr. Gladhill countered that not all uses would have to come back before the Council. Staff does not object to creating both lots now, but creating Lot 3 creates an entitlement and the future use may not require Council review. Mayor Kozlowski closed the public hearing. Mr. Gladhill reiterated that the staff recommendation is to support Caribou Cabin and create Lot 2, but to not recommend approval of Lot 3 at this time. City Attorney Land stated that the Council may not just approve the Caribou lot; it must approve this plat as presented or vote it down, but cannot redraw the plat for the applicant. Police Chief Mueller stated the public safety concern, based on the example in Oak Park Heights, is keeping traffic off Washington Ave without an officer. Mr. Zeller responded that the problem here is the failed intersection, which is not the developer’s problem. In the future, a site analysis should be done to ensure good traffic flow through the site, but that is different than a traffic study. Mayor Kozlowski empathized with the developer’s frustration, but the Council needs to have an understanding of what the traffic flow will look like, so as to not make an already failed intersection worse. Mr. Givens stated his fear is, if a full traffic study involving the intersection is required, the project is 4-5 years out before even looking at additional users on this property. Mr. Gladhill stated staff can revisit the Stantec traffic study that was done 3-4 years ago, and work with MnDOT and the property owner to come up with a layout for traffic. If there is a traffic study that says this proposal would not worsen the situation, and an objective view that says these two lots could work effectively, staff would support that. If it is just about these two sites, not about the broader frontage road alignment, that would be a quicker process for a traffic study. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to table Case 2022‐41, Preliminary Plat application to consolidate six existing lots into three proposed new lots and a Conditional Use Permit for a drive-through coffee business at 2001 Washington Avenue, to the July 26 City Council meeting for additional information on traffic involving the proposed user. All in favor. City Council Meeting July 5, 2022 Page 7 of 9 Case 2022‐43 to consider amending the performance standards for the non-residential zoning districts to establish outdoor seating as an interim use with applicable standards. Published in the Stillwater Gazette on June 9th, 2022 – Ordinance 1st Reading Community Development Director Gladhill explained that as the City evaluated long-term policy on outdoor uses such as outdoor seating/dining and outdoor events following two years of relaxed rules during the COVID-19 Pandemic, the City learned how these uses might be able to be expanded long-term and administered in a better way. A new tool known as an Interim Use Permit (IUP) was introduced, which essentially functions as a Conditional Use Permit, but with an expiration. The expiration can be tied to a specific date or an event in time. The Planning Commission recommends approval of the ordinance with the following changes/conditions: 1) extend the maximum time lapsed for outdoor seating due to longer seasonal conditions; and 2) make a requirement of all Interim Use Permits to expire upon change of ownership. Staff reviewed the above conditions with the City Attorney and provides the following feedback and recommendations. Outdoor seating will have dates as conditions (i.e. May through October), so there will not be an official lapse in use. Upon further review, staff would not recommend expiration on change of ownership; the City may attach this as a condition to specific requests, but may not be appropriate as a universal condition. Staff will suggest possible fees before the second reading. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt 1st reading of an Ordinance amending the performance standards for the non-residential zoning districts to establish outdoor seating as an interim use with applicable standards. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Catalytic Converter Ordinance – Ordinance 1st Reading Police Chief Mueller stated that the City has observed an increase in the theft of catalytic converters from vehicles. The proposed ordinance would give officers the ability to deter the theft by making it a crime to possess a catalytic converter without specific identifying conditions of a purchase, as outlined in the ordinance. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt 1st reading of an Ordinance Amending Chapter of the City Code of the City of Stillwater by Adding a Provision for the Purchase, Sale and Possession of Catalytic Converters. All in favor. Massage Therapy License Ordinance – Ordinance 1st Reading City Attorney Land stated that the Police Department has fielded and investigated multiple reports of inappropriate behavior and prostitution at several d ifferent massage studios over the last several years. Currently, the City has no ordinance or license to regulate any massage and body work businesses, and the State does not license massage therapists. She explained the proposed ordinance requiring all massage businesses and massage therapists City Council Meeting July 5, 2022 Page 8 of 9 to be licensed by the City. A fee has not yet been established. The number of licenses could be capped later if the Council wishes. Police Chief Mueller further explained that sexual assault is the issue; some massage businesses have served as fronts for human trafficking rings. This ordinance gives Police some teeth to investigate these types of crimes. Councilmember Polehna asked how businesses will be notified that this is coming; and Police Chief Mueller responded that there needs to be a notific ation mechanism established. If it means investigators have to go door to door and locate them, they are willing to do that. Community Development Director Gladhill added that there will be a public hearing when the use tables change in the zoning code, providing time for public comment. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt 1st reading of an Ordinance Enacting Chapter 41, Section 41-9 Massage Therapy License of the City Code of the City of Stillwater. All in favor. Parking Services Contract with Passport Inc Mr. Gladhill stated that over the past year, the Downtown Parking Commission has been discussing improving customer service in the downtown parking lots, specifically Lots #1 & #2. At the June 21, 2022 City Council meeting, the urgency to m odernize the payment system increased due to issues with the existing, aging credit card kiosks. The Downtown Parking Commission recommends that the City begin to move forward with Passport Inc to consolidate three existing payment systems into one payment reconciliation to be phased in over time, starting with Lots #1 & #2, then the Parking Ramp. Staff recommends approving the contract with Passport for mobile payment options beginning in Lots #1 & #2, and extending to the Parking Ramp to replace the existing mobile payment option in that area. This would include leasing (not purchasing) a License Plate Reader. The Finance Department and IT Department recommend approval. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve the contract with Passport Inc. All in favor. Third Party Gift Card Procurement – Ordinance 1st Reading Police Chief Mueller explained that third party gift cards have become increasingly used in criminal activity and fraudulent activity due to the limited ability for police to track purchases. Staff recommends adoption of an ordinance to deter the fraudulent purchase of third party gift cards, while providing an opportunity for criminal investigators to follow- up on reported crimes involving these types of cards. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt 1st reading of an Ordinance Amending Chapter 52 of the City Code of the City of Stillwater by Adding a Provision for the Procurement of Third Party Gift Cards. All in favor. Water Seasonal Rate Adjustment for Commercial Properties Public Works Director Sanders stated that the water billing rate structure is set up so commercial properties are billed a seasonal rate during the months May through October. With the change to quarterly utility billing for all properties , the rate change for commercial City Council Meeting July 5, 2022 Page 9 of 9 properties does not coincide with the City’s quarterly billing cycle. Staff recommends that Council approve a seasonal rate billing change for commercial properties from May through October to April through September. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2022‐094, Approving Date Change of Seasonal Commercial Utility Rates. All in favor. COUNCIL REQUEST ITEMS Lumberjack Days Parade July 17 Councilmember Polehna asked the Council to lead the Lumberjack Days Parade with National Guard troops, as a Yellow Ribbon City. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 9:24 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022‐091, Appointing Election Judges and Fixing Compensation for the 2022 Primary Election Resolution 2022‐092, Approving Issuance of New On-Sale Liquor License with Sunday Sales to Howard’s Bar Inc., DBA Howard’s Bar Resolution 2022‐093, Resolution Approving Amendment to Liquor License for Temporary Outdoor License Premise Resolution 2022‐094, Approving Date Change of Seasonal Commercial Utility Rates DATE: July 13, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Catalytic Converter Ordinance 2nd Reading BACKGROUND Attached is an ordinance amending Chapter 52, by adding a provision for the procurment of purchase, sale and possession of catalytic converters. This ordinance will give officers the ability to deter the theft by making it a crime to possess a catalytic converter without specific identifying conditions of a purchase as outlined in the ordinance. ACTION REQUESTED Motion to approve the second reading amending Chapter 52 a provision for the purchase, sale and possession of catalytic converters. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1189 AN ORDINANCE ENACTING CHAPTER 52-22 OF THE CITY CODE OF THE CITY OF STILLWATER ENTITLED PURCHASE, SALE AND POSSESSION OF CATALYTIC CONVERTERS The City Council of the City of Stillwater does ordain: SECTION 1 ENACTMENT. Article 52-22 of the City Code, Purchase, Sale and Possession of Catalytic Converters, is hereby enacted as follows: 52-22 – PURCHASE, SALE AND POSSESSION OF CATALYTIC CONVERTERS Subd. 1. Sale or Purchase of Catalytic Converters. No person or business shall purchase or sell a used catalytic converter that is not attached to a vehicle unless the purchase or sale of the catalytic converter meets the following requirements: (1) A complete and accurate account or description, including the weight if customarily purchased by weight, of the scrap metal purchased or acquired; (2) The date, time, and place of the receipt of the scrap metal purchased or acquired and a unique transaction identifier; (3) A photocopy or electronic scan of the seller’s proof of identification including the identification number; (4) The amount paid and the number of the check or electronic transfer used to purchase the scrap metal; (5) The license plate number and description of the vehicle used by the person when delivering the scrap metal, including the vehicle make and model, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable; (6) A statement signed by the seller, under penalty of perjury attesting that the scrap metal is not stolen and is free of any liens or encumbrances and the seller has the right to sell it; (7) A copy of the receipt, which must include at least the following information: the name and address of the dealer, the date and time the scrap metal was received by the dealer, an accurate description of the scrap metal, and the amount paid for the scrap metal; (8) The name of the person who removed the catalytic converter; and (9) Any other requirements for proof of receipt in Minn. Stat. §325E.21, or as it may be amended. Subd. 2. Possession of Catalytic Converters. No person shall be in possession of a catalytic converter that is not attached to a motor vehicle unless the individual can provide verification of legal receipt of the catalytic converter consistent with the requirements in City Code Section 52-22 subd. 1. 2 SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 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: An ordinance prohibiting the purchase, sale or possession of a catalytic converter without proof of legal receipt or compliance with the purchase and acquisition record requirements under Minnesota Statutes. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 19th day of July, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: July 13, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Climb Theatre Performance Agreement BACKGROUND Each year staff applies for and receives a grant from Washington County to develop and implement recycling activities and education within the city. One of the activites this summer is to promote recycling and environmental stewardship through a childrens program at Teddy Bear Park. Staff has scheduled a total of 10 shows this summer with Tricia and the Toonies doing 5 shows and Climb Theatre doing 5 shows. Council approved Tricia and the Toonies contract at their last council meeting. Attached is a performance agreement for Climb Theatre. The total cost of $5,000 will be funded by the Washington County grant. RECOMMENDATION Staff recommends approving the Performance Agreement with Climb Theatre for 2022. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Climb Theatre Performance Agreement for 2022. CLIMB THEATRE PARTNERSHIP AGREEMENT 6415 Carmen Ave E. • Inver Grove Heights • MN • 55076 651‐453‐9275 • www.climb.org THIS AGREEMENT is between CLIMB Theatre Inc., a Minnesota not‐for‐ profit corporation organized pursuant to Chapter 317 of the Minnesota Statutes THIS AGREEMENT is entered into and is effective as of the last date in the signature box below between CLIMB Theatre Inc., a Minnesota not‐for‐ profit corporation organized pursuant to Chapter 317 of the Minnesota Statutes ("CLIMB") and City of Stillwater ("Partner Organization"). THE PURPOSE OF THIS AGREEMENT is to set out the terms and conditions whereby CLIMB will provide dramatic and educational programming for the Partner Organization at the times and locations set forth in this Agreement. The terms and conditions of this Agreement are as follows: 1. Programming – CLIMB shall provide the programs as described in Appendix A, Programming, attached hereto and incorporated by reference. The parties agree that during the term of this Agreement, the terms and conditions of Appendix A may be subject to change. The parties agree that (i) Appendix A may be amended to account for any change, and (ii) email communication will be sufficient to document such mutual agreement to amend Appendix A. 2. Payment ‐ Partner Organization shall pay to CLIMB $5000 no later than 30 business days after the “invoicing date(s)”. Partner Organization shall mail check to the CLIMB at its offices at 6415 Carmen Avenue E., Inver Grove Heights, MN, 55076, for services rendered. 3. Ownership of Performance Rights ‐ The programming governed by this Agreement is the exclusive property of CLIMB or represent property duly licensed to CLIMB. Partner Organization agrees that it shall not reproduce the programming in any fashion or appropriate the content of the programming, or any portion thereof, for its own use. Further, the Partner Organization shall not photograph, film, videotape, or otherwise record or preserve the program(s),or portion thereof, without written permission from CLIMB. This does not preclude photographs for yearbook or other in‐school use of photographs or coverage by local press, which is encouraged. Please notify CLIMB of any media coverage you intend to pursue. CLIMB shall retain all rights to program(s), including the exclusive right to record, photograph, broadcast, film, or publicize CLIMB's program(s) except as may be agreed upon by the parties. 4. Digital Programming. (a) If CLIMB is offering CLIMB’s programming via a digital medium, CLIMB hereby grants to Partner Organization a nonexclusive right and license to access and use the digital programming identified in Appendix A (the “Digital Programming”). The rights in this section shall extend to Authorized Users (as defined below). Except as may be specifically authorized by CLIMB in this Agreement, Partner Organization may not (i) copy or replicate the Digital Programming, (ii) alter, decompile, reverse engineer, * •• ~CLIMBTheatre CLIMB THEATRE PARTNERSHIP AGREEMENT 6415 Carmen Ave E. • Inver Grove Heights • MN • 55076 651‐453‐9275 • www.climb.org disassemble, or create derivative works from the Digital Programming, or (iii) distribute the Digital Programming to any party, except to those users as authorized in Appendix A (each, an “Authorized User”). CLIMB owns all Digital Programming. Partner Organization shall not sell or license any part or portion of the Digital Programming. (b) Partner Organization agrees that access to the Digital Programming is permitted only to those individuals identified as Authorized Users. Partner Organization shall not permit any individual or entity who is not identified as an Authorized User to access or use the Digital Programming. Partner Organization shall notify CLIMB immediately if Partner Organization becomes aware of any distribution, access or use of the Digital Programming by individual(s) or entity(s) that is not identified as an Authorized User. At CLIMB’s discretion, CLIMB may permit access to the individual(s) and/or entity(s), and such access will be subject to an additional charge, as determined by CLIMB. If CLIMB permits access, then the individual(s) and/or entity(s) are considered Authorized Users. 5. Cancellation ‐ In the event that the program(s) is(are) cancelled at the instigation of the Partner Organization, and are not due to a Force Majeure event, with less than four weeks' notice, Partner Organization will be assessed a $100.00 cancellation fee. Cancellation with less than two week notice, Partner Organization will be assessed a 50% cancellation fee. 6. Force Majeure ‐ As the program(s) governed by this Agreement may be subject to interruption by the sickness, inclement weather, accident, act of God or legitimate unforeseeable circumstance, it is agreed that neither party shall be entitled to damages from the other in the event program(s) are interrupted or cancelled by such circumstances. 7. Rescheduling ‐ In the event that weather or other conditions beyond either party's control force postponement of this program, the activity shall be rescheduled for a date mutually agreed to by both CLIMB and Partner Organization. Changes to the program's scheduled time, date, or content may be requested by the Partner Organization up to one week prior to the performance date listed below. Any change requests made within one week of performance will be accommodated at CLIMB's discretion and availability. 8. Governing Law and Arbitration ‐ This Agreement is to be governed by the laws of the State of Minnesota, and any dispute relating to the interpretation of this Agreement arising from the terms hereof or performance hereunder by either party will be arbitrated under the auspices of the American Arbitration Association at its Minneapolis, MN office. 9. Entire Agreement ‐ This Agreement contains the entire understanding of the parties hereto with respect to the subject forth above, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written. * •• ~CLIMBTheatre CLIMB THEATRE PARTNERSHIP AGREEMENT 6415 Carmen Ave E. • Inver Grove Heights • MN • 55076 651‐453‐9275 • www.climb.org Signature: Signature: Name/Title: Anton Jones/Artistic Director/CEO Name/Title: Address: 6415 Carmen Ave E. Inver Grove Heights, MN 55076 Address: e‐mail anton@climb.org e‐mail Date 7/5/2022 Date CLIMB THEATRE PARTNERSHIP AGREEMENT 6415 Carmen Ave E. • Inver Grove Heights • MN • 55076 651‐453‐9275 • www.climb.org APPENDIX A City of Stillwater Teddy Bear Park, 207 E Nelson St, Stillwater, MN 55082 CLIMB Environmental Programming Main Contact Logistic Contact Billing/Invoicing Contact Name Dawn Thoren E‐mail dthoren@ci.stillwater.mn.us Phone (651) 430‐8800 Best Time to Contact CLIMB Staff Contact Information Name Michael Brown E‐mail michael@climb.org Phone 800‐767‐9660 ext. 212 Program ID 82719 Invoice ID PROGRAM INFORMATION PROGRAM CONTENT SUMMARY Five performances of CLIMB’s outdoor environmental 45-minute play on 7/12, 7/19, 8/2, 8/23, and 8/30 at 10 a.m. ADDITIONAL NOTES 1. INVOICING DATE: 8/30/2022 2. COVID POLICY as it pertains to any In-Person Programming: Organizations under agreement with CLIMB Theatre are agreeing to follow all Federal, State, and Local guidance in regards to the ongoing COVID-19 pandemic. Failure to do so will result in CLIMB Theatre terminating the agreement with all agreed upon payments owed and not refunded. CLIMB Theatre will follow all Federal, State, and Local guidance and organizations regulations, in regards to the ongoing COVID-19 pandemic; provided that they exceed regulations set by Federal, State and Local agencies and/or CLIMB Theatre’s company policies. CLIMB THEATRE PARTNERSHIP AGREEMENT 6415 Carmen Ave E. • Inver Grove Heights • MN • 55076 651‐453‐9275 • www.climb.org 3. CANCELLATION – Subject to 3(a) below, if the program(s) is(are) cancelled at the instigation of the Partner Organization, and are not due to a Force Majeure event, with (i.)less than four weeks' notice, Partner Organization will be assessed a $100.00 cancellation fee. (ii.) For cancellations with less than two week notice, Partner Organization will be assessed a 50% cancellation fee. a. If a program with multiple invoicing dates is cancelled later than the earliest invoicing date, Partner Organization will be responsible for payment of the full remaining balance. DATE: July 5, 2022 TO: Honorable Chair and Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: SECOND READING: Interim Use Permit Ordinance BACKGROUND As the City evaluated long-term policy on outdoor uses such as outdoor seating/dining and outdoor events following two (2) years of relaxed rules during the COVID-19 Pandemic, the City had the opportunity to learn how these uses might be able to be expanded long-term and administered in a better way. The City Council has already addressed events and outdoor seating in public spaces. This ordinance focuses on events and outdoor seating on private property. Currently, outdoor seating/dining and outdoor even ts on private property is allowable as a Conditional Use in most areas of the City. This is especially true for areas in close proximity to residential uses. Conditional Uses are allowable uses that require Planning Commission Approval (not an administrative/staff approval) wherein the Planning Commission can attach reasonable conditions to mitigate reasonable concerns. The struggle the City has had with this approach in the past is that once approved, the approval is perpetual with the land and does not expire unless there is a violation of the terms of the agreement. The approval transfers to future owners. Often times the City finds a particular request reasonable at the time, but isn’t comfortable with a perpetual approval. In response, the City Council directed Staff to introduce a new tool (to Stillwater) known as an Interim Use Permit. This essentially functions as a Conditional Use Permit, but does expire. The expiration can be tied to a specific date or an event in time. Interim Uses are essentially authorized by Statute to address uses that may be acceptable under Zoning Code today, but may not be acceptable in the future. This draft ordinance also streamlines administration after initial approval. The initial Interim Use Permit approval must be granted by the Planning Commission. From there, annual renewals may be processed administratively. RECOMMENDATION The Planning Commission recommends approval of the ordinance with the following changes/conditions. • Extend the maximum time lapsed for outdoor seating due to longer seasonal conditions • Would like to make a requirement of all Interim Use Permits to expire upon change of ownership Staff reviewed the above conditions with the City Attorney and provides the following feedback and recommendations. • Time Lapse – Outdoor Seating o Outdoor seating will have dates as conditions (i.e. May through October), so there will not be an official lapse in use • Termination at time of Ownership Change o Upon further review, Staff would not recommend this change; the City may attach this as a condition to specific requests, but may not be appropriate as a universal condition The topic of Application Fee was discussed at time of this ordinance. Since this is an approval that runs for multiple years, Staff recommends an Application Fee of $250. The amendment to the City’s Fee Schedule will be handled under separate Staff Report. ACTION REQUESTED Motion to approve the second reading of the Interim Use Permit Ordinance. 1 ORDINANCE NO. _____________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING INTERIM USE PERMITS AND AUTHORIZING OUTDOOR SEATING AS AN INTERIM USE WITH PERFORMANCE STANDARDS The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Stillwater City Code Chapter 31, Article V, Division 3 Performance Standards in Non-Residential Zoning Districts, is hereby amended to include a new Section 31-320, Outdoor Seating Requirements, which shall be enacted as fol lows: 31.207.1 INTERIM USES. (a) Purpose/standards. In order to give flexibility to the district use regulations of this chapter, which is necessary to achieve the objectives of the Comprehensive Plan, interim uses are allowed in certain districts subject to the granting of an interim use permit. Because of their temporary characteristics, interim uses require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Uses authorized under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the interim use permit. (b) The Planning Commission may grant an interim use permit for the interim use of property if: (1) The use conforms to the zoning regulations; (2) The date or event that will terminate the use can be identified with certainty; (3) Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and (4) The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use. (c) Exhibits. The following exhibits shall be required: (1) Map or plat as listed on the application form; (2) Plans and drawings as listed on the application form; and (3) Other documents as requested by the City. (d) Hearings. The Planning Commission shall hold a public hearing on the application following notice of the time, place and purpose of the hearing published in the official newspaper of the city at least ten days prior to the day of the hearing. Following the public hearing, the Planning 2 Commission shall approve or deny the application. If approved, the applicant shall sign the Interim Use Permit agreeing to all terms and conditions therein. (e) Denial. The Planning Commission may deny an application for an interim use permit upon a written finding of legally sufficient reasons with a factual basis. No application for an interim use permit that has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the Planning Commission. (f) Lapse of interim use permit. An interim use permit shall lapse and become null and void three months following the date on which the interim use permit became effective if it is not in use. (g) Revocation/termination. A violation of any condition set forth in an interim use permit shall be a violation of this chapter and shall terminate the interim use permit. (h) Exceptions. Notwithstanding the provision of division (d) above, an interim use shall not require a hearing before the Planning Commission and may be approved administratively by the Community Development Director, provided that: (1) The application is a renewal of an interim use permit which was previously approved by the Planning Commission; (2) There have been no issues or violations with the existing interim use permit; (3) There are no substantial changes to the interim use permit as determined by the City Planner; (4) The Community Development Department has conducted an administrative review; and (5) The property owner on which the interim use permit is located is current on all city fees. SECTION 2. ENACTMENT. Stillwater City Code Chapter 31, Article V, Division 3 Performance Standards in Non-Residential Zoning Districts, is hereby amended to include a new Section 31-320, Outdoor Seating Requirements, which shall be enacted as follows: Sec. 31-320. – Outside Seating Requirements. Outside seating pursuant to Table in Section 31-325, subject to following provisions: (1) Seating areas shall be shown on a seating plan, identifying the number of tables and chairs and their approximate location. (2) Seating areas shall be located on private property, or if on public property, if approved by the City as a Special Event or in a License or Encroachment Agreement. (3) Seating areas shall not obstruct required accesses, entrances or exits. (4) Tables and chairs shall be maintenance free furniture that enhances the appearance of the business. (5) No food or beverages shall be served outside of the seating area. 3 (6) Lighting shall only illuminate the seating area. Lighting levels must not exceed zero foot- candles at the abutting property line. (7) All tables and chairs shall be kept in a clean and sanitary manner. Outdoor trash receptacles shall be provided. (8) The seating area shall have approved landscaping and fencing or other decorative screening that differentiates the outdoor seating areas from other areas, such as sidewalks, streets or parking areas. (9) If over eight (8) seats, In addition to the required number of parking spaces pursuant to the principal use, additional parking shall be required at a ratio of one parking space for every four seats in the outdoor seating area. (10) Signage shall be posted that prohibits the consumption of alcohol outside of the seating area. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31, Article III, Division 3, Section 31-325, allowable uses in non-residential districts is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- O BP-I CRD PA PWFD PROS HMU NC Outside eating establishmentsareas CUP IUP P IUP Outside sales or special events8 CUP IUP CUP IUP CUP IUP CUP IUP CUP IUP P = Permitted use CUP = Use permitted with a Conditional Use Permit IUP = Use permitted with an Interim Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use ACC = Allowed as an accessory improvement to an allowed use locat ed on or adjacent to the site Formatted: Font color: Auto, Superscript 4 Blank cell in table means that the use is NOT allowed. 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: An ordinance establishing a process for Interim Use Permits and establishing performance standards for outside seating as interim uses. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective after its passage and publication according to law. Approved this _______ day of ___________________, 2022. CITY OF STILLWATER ____________________________________ Ted Kozlowski, Mayor ATTEST: ____________________________________ Beth Wolf, City Clerk Publish: Stillwater Gazette - _______________________ DATE: December 13, 2019 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Library Board of Trustees Appointment BACKGROUND A vacany was created on the Library Board when one of the commissioners was appointed to the Stillwater Planning Commission. Staff published the opening, applications were received and interviews were conducted. Mark Troendle, Director of the Library has indicated the Library Board would like to recommend appointing Carrie Simon to fill the partial term with an expiration date of December 31, 2022. RECOMMENDATION Staff recommends appointing Carrie Simon to the Library Board of Trustees. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Carrie Simon to the Library Board of Trustees for a partial term to expire on December 31, 2022. DATE: July 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Amendment to Purchase Agreement BACKGROUND The closing date tied to the purchase agreement with Stillwater Marina was scheduled for the end of July. The survey for the agreement is not ready and we will not meet the July purchase agreement date. Attached is amendment to the purchase agreement prepared by the City Attorney that would complete the purchase by the end of August. RECOMMENDATION Staff recommends the City Council approve the Second Amendment to Purchase Agreement ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Second Amendment to Purchase Agreement. 1 SECOND AMENDMENT TO PURCHASE AGREEMENT THIS SECOND AMENDMENT TO PURCHASE AGREEMENT (this “Second Amendment”) is entered into as of __________________, 2022 (“Effective Date”), by and between Stillwater Marina and Yacht Club, LLC, a Minnesota limited liability company (“Seller”), and the City of Stillwater, a Minnesota municipal corporation (“City”). RECITALS Recital No. 1. Seller and City entered into a purchase agreement dated April 19, 2022, as amended by the First Amendment to Purchase Agreement dated June 21, 2022 (collectively “Purchase Agreement”), for the purchase and sale of real property identified in the Purchase Agreement. Recital No. 2. City has requested an extension of the Closing Date to occur no later than August 31, 2022. Recital No. 3. Seller does not object to the requested extension. NOW, THEREFORE, in consideration of the covenants and the mutual obligations contain herein, the parties hereby covenant and agree with each other as follows: 1. Section 6 of the Purchase Agreement shall be removed and replaced in its entirety as follows: 6. Closing. The closing of the purchase and sale contemplated by this Agreement (“Closing”) shall occur no later than August 31, 2022 (“Closing Date”), unless otherwise agreed to by the parties. Seller agrees to deliver legal and actual possession of the Property to City on the Closing Date. 2. Except as provided for above, the terms and provisions of the Purchase Agreement shall remain in full force and effect. 3. This Second Amendment and all disputes or controversies arising out of or relating to this Second Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 4. Nothing contained herein shall be deemed a waiver by City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Seller or its successors or assigns, shall be subject to any governmental immunity defenses of City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. 2 5. This Second Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 6. This Second Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF STILLWATER By: ___________________________ Ted Kozlowski, Mayor By: ___________________________ Beth Wolf, City Clerk SELLER: STILLWATER MARINA & YACHT CLUB, LLC By: Name: Andy Malon Its: Managing Partner DATE: July 19, 2022 TO: Honorable Mayor and City Councilmembers FROM: Austin Peterson, Police Investigator Tim Gladhill, Community Development Director Kori Land, City Attorney SUBJECT: SECOND READING - Massage Establishment and Therapist License Ordinance BACKGROUND The Stillwater Police Department is becoming increasingly concerned about the activities that may be occurring in some massage and body work businesses in the City of Stillwater. The Stillwater Police Department has fielded and investigated multiple reports of inappropriate behavior and prostitution at several different massage studios located within the city over the last several years. Currently, the city has no ordinance or license to regulate any massage and body work businesses. While most of the massage and body work businesses operate within the confines of the law, the city has no mechanism to address issues before they begin. Nearly every city within Washington County has adopted a massage and body work license ordinance including Woodbury, Cottage Grove, Lake Elmo and Forest Lake. The proposed ordinance includes the following: • Requires all massage businesses to be licensed by the city • Requires each massage therapists to be licensed, and all massage therapists have to be associated with a massage business • All applicants will have to undergo a background investigation (only convictions in the last 3 years related to the licensed activity would be relevant) • Massage therapists have to meet certain education or certification requirements (passing massage-specific exams or graduating from an accredited institution or program) • Performance standards include that the business be located in a compact and contiguous location, but off-site services are allowed as part of a business license, that the business have liability insurance, • No license would be required for MDH-licensed facilities, doctor’s or dentist’s offices, barbers and cosmetologists, or students as part of a class Many cities have found that license regulations, which are not a high bar for most massage therapists, deter the types of businesses that we are trying to control but do not impact the good businesses. Finally, per City Council direction at first reading, the following amendments were made to the draft ordinance. 1. Removed the limitation on the hours of operation 2. Removed reference to maximum number of licenses that can be issued (no cap on licenses) 3. Added a License Term of April 1 to March 31 of each year to stagger Business License Renewal Periods Additionally, handled under separate Staff Report, Staff is recommending an amendment to the City’s Fee Schedule to incorporate the new license requirements for Massage Establishment and Massage Therapist. Proposed Establishment License Fee $100 (valid for 1 year) Proposed Therapist License Fee $15 (for BCA Background Check – valid for 1 year) RECOMMENDATION Staff recommends that the City Council adopt the proposed ordinance. ACTION REQUESTED Motion to approve the second reading of the Ordinance. 1 City of Stillwater Washington County, Minnesota ORDINANCE NO. _________ AN ORDINANCE ENACTING CHAPTER 41, SECTION 41-9 MASSAGE THERAPY LICENSE OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1. ENACT. Chapter 41 of the City Code, Section 41-9, Massage Therapy License, is hereby enacted as follows: 41-9 – MASSAGE THERAPY LICENSE Subd. 1. Definitions: For the purposes of this chapter, the following words and phrases shall have these meanings: (1) Applicant means an individual, partnership, corporation or other organization or entity that is applying for licensure. (2) Massage Therapist means an individual who practices therapeutic massage. (3) Person means an individual, partnership, corporation or other organization or entity. (4) Standards of Practice means Standards of Practice published by the National Certification Board for Therapeutic Massage and Bodywork. (5) Therapeutic Massage means the systematic manual manipulation of soft tissue to enhance health and well-being. (6) Therapeutic Massage Business means a business that offers therapeutic massage services. Subd. 2. Therapeutic Massage Businesses: (1) License Required: No person shall operate a therapeutic massage business without a license. Licensed therapeutic massage businesses may only provide therapeutic massage services by licensed massage therapists who are employed by the business. No more than one business license shall be issued to any one person or for any one location in the City. (2) Application, Initial: Application shall be made on a form prescribed by the City, and shall include the applicant name, contact information, and any other information 2 related to the business required by the City or by State Statute. A completed application shall also include the following: (a) Organization Information: If the applicant is a corporation, partnership, or other organization or entity, the applicant shall provide proof of legal standing through State or Federal filing and shall provide the names of all individuals who hold an interest in the organization. (b) Property Information: The applicant shall provide the legal description of the premises or the exact street address and suite number, if applicable, of where the business will operate. If the applicant is not the owner of record of the business location, the applicant must provide a lease agreement or other form of agreement entered into with the owner of record authorizing the applicant to operate at that location. (c) General Authorization and Release of Private Data: The applicant shall complete a general authorization and release of private data form authorizing the City to perform a background check of the applicant in accordance with section 22-12 of this Code. If the applicant is a corporation, partnership, or other organization or entity, the applicant shall provide a general authorization and release of private data form for each individual who holds an interest in the organization. (d) License in Another Community: Whether the applicant (or anyone who holds an interest in the organization) has held, or has held an interest in, a license in another community, and if so, when, where, and for what. (e) Other License Suspended or Revoked: Whether the applicant (or anyone who holds an interest in the organization) has held, or has held an interest in, a license that was suspended or revoked, and if so, when, where, and for what. (f) Felony, Crime, or Violation Conviction: Whether the applicant (or anyone who holds an interest in the organization) has been arrested for or convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense, and if so, when, where, and for what. (g) Certificate of Insurance: A certificate of insurance in the amount of $1,000,000 for general liability covering all aspects of the business operation shall be included. (h) Investigation Fee: An initial investigation fee as provided for by City Fee Schedule shall be paid (i) License Fee: An annual license fee as provided for by City ordinance shall be paid. (3) Term: The licenses issued under this section are valid until March 31 of each calendar year. 3 (4) Application, Renewal: Application for renewal of an existing license requires the same information as an initial license application except it does not require proof of legal standing through State or Federal filing for the organization, lease agreement or other form of agreement for the business location, or payment of an investigation fee. The request for a renewal must be made at least 60 days prior to the expiration of the current license. (5) Application Submission: The completed application shall be submitted to the City Clerk's Office. Incomplete applications will be rejected. Subd. 3. Massage Therapists: (1) License Required: No person shall provide therapeutic massage services without a license. A licensed massage therapist may only provide therapeutic massage services as part of a licensed therapeutic massage business. A massage therapist license shall only be issued to an individual and shall not be issued to a partnership, corporation or other organization or entity. (2) Application, Initial: Application shall be made on a form prescribed by the City, and shall include the applicant’s name, contact information, and any other information required by the City or by State Statute. A completed application shall also include the following: (a) Proof Of Education/Certification: The applicant shall have proof of at least one of the following education/certification requirements sent directly from the institution, program, Examining Board or Certification Board to the City: (i) Graduation from an institution or program in massage therapy that is accredited by an accrediting agency recognized by the United States Department of Education. (ii) Passing results of Massage and Bodywork Licensing Examination (MBLEx) administered by the Federation of State Massage Therapy Boards (FSMTB), or the National Certification Exam for Therapeutic Massage (NCETM) or National Certification Exam for Therapeutic Massage and Bodywork (NCETMB) administered by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB). (iii) Board Certification in Therapeutic Massage and Bodywork (BCTMB) from the NCBTMB. (b) General Authorization and Release of Private Data: The applicant shall complete a general authorization and release of private data form authorizing the City to perform a background check in accordance with section 22-12 of this Code. 4 (c) License in another Community: Whether the applicant has held, or has held an interest in, a license in another community, and if so, when, where, and what for. (d) Other License Suspended or Revoked: Whether the applicant has held, or has held an interest in, a license that was suspended or revoked, and if so, when, where, and what for. (e) Felony, Crime, or Violation Conviction: Whether the applicant has been arrested for or convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense, and if so, when, where, and what for. (f) Proof of U.S. citizenship or proof that the person has the authority to legally work in the United States. (g) Investigation Fee: An initial investigation fee as provided for by City ordinance shall be paid. (h) License Fee: An annual license fee as provided for by City ordinance shall be paid. (3) Term: The licenses issued under this section are valid until March 31 of each calendar year. (4) Application, Renewal: Application for renewal of an existing license requires the same information as an initial license application except it does not require proof of education/certification or payment of an investigation fee. The request for a renewal must be made at least 60 days prior to the expiration of the current license. (5) Application Submission: The completed application shall be submitted to the City Clerk's Office. Incomplete applications will be rejected. Subd. 4. Background Investigation: The Public Safety Department will perform a background investigation of all completed applications in accordance with section 22-12 of this Code. Subd. 5. License Approval/Denial: (1) Issuing Authority: The City Council is the issuing authority for license applications. (2) License Approval: Unless grounds exist for license denial, a license shall be issued for the calendar year. (3) License Denial: The following shall be grounds for denying a license application: (a) The business is not an allowed use in the zoning district for which it is proposed, or no planning application has been approved for such use. 5 (b) Failure of an initial applicant to meet education/certification requirements. (c) An arrest, charge or conviction of a crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03 subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes section, 364.03 subd. 3. (d) Existence of disciplinary action against the applicant (or anyone who holds an interest in the organization) by the Minnesota Department of Health Office of Unlicensed Complementary and Alternative Health Care Practice (OCAP). (e) The applicant has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application or investigation for or in the course of the applicant's business. (f) The applicant has any outstanding fees owed to the City. Subd. 6. License Performance Standards: All licensed therapeutic massage businesses and massage therapists must comply with the following performance standards: (1) Compliance with Minnesota Statute, section 146A, Complementary and Alternative Health Care Practices. (2) Compliance with Standards of Practice published by NCBTMB. Standards specific to the NCBTMB will only apply to individuals holding board certification with the NCBTMB. (3) Therapeutic m assage businesses must maintain general liability insurance covering all aspects of the business operation. (4) Therapeutic m assage business licenses are effective for the compact and contiguous space in the approved license application. Massage business licenses must be clearly posted at the place of business. (5) A therapeutic massage business license shall entitle the business to offer off -site therapeutic massage services at a business, public gathering, event, private home, or other site not on the therapeutic massage business premises , provided such services are performed by a licensed massage therapist employed by the business. (6) A therapeutic massage business licensee shall be responsible for all aspects of the business operation and the conduct of its employees. 6 Subd. 7. Prohibited Conduct: The following conduct is prohibited: (1) Any conduct prohibited under Minnesota Statute, section 146A, Complementary and Alternative Health Care Practices. (2) Allowing an unlicensed person to perform therapeutic massage. Subd. 8. License Suspension/Revocation: (1) Notice and Hearing: The City Council may consider suspension or revocation of a therapeutic massage business or massage therapist license when grounds exist. The City shall provide the licensee proper notice and a hearing prior to such suspension or revocation. (2) Grounds for Suspension or Revocation: Any of the following shall be grounds for suspension or revocation of a license: (a) Conviction or adjudication of the licensee (or anyone who holds an interest in the organization), or any form thereof whose disposition is pending, for any crime outlined in Minnesota Statute, sections 609.281 through 609.284, Sexual and Labor Trafficking Crimes, and Minnesota Statute, sections 609.293 through 609.353, Sex Crimes. (b) Conviction or adjudication of the licensee (or anyone who holds an interest in the organization), or any form thereof whose disposition is pending, for any conduct outlined in Minnesota Statute, section 146A.08 Complementary and Alternative Health Care Practices, Prohibited Conduct. (c) Any disciplinary action against the licensee (or anyone who holds an interest in the organization) by OCAP. (d) Failure to follow license performance standards. (e) Engaging in, allowing, or failing to prevent prohibited conduct outlined in this chapter. (f) Negative findings revealed during the license period that affect the public safety, health, and welfare. Subd. 9. License Exemption: A therapeutic massage business license or massage therapist license is not required for the following: (1) Facilities licensed by the Minnesota Department of Health. (2) Licensed or registered health care practitioners that offer massage therapy services under the practitioner's license as outlined by Minnesota Statute, section 7 146A.065, when the therapist is hired or employed by a medical professional licensed under Minnesota Statutes, chapter 147 (Medical Practice) or 148 (Chiropractic) or a dental professional licensed under Minnesota Statutes, chapter 150A. A massage therapist is not limited to providing treatment to patients of the medical or dental professional. (3) Persons licensed by the State of Minnesota Board of Barber Examiners as barbers or the State of Minnesota Board of Cosmetology as cosmetologists, provided such persons do not hold themselves out as offering massage services and provided any massage service is complementary to the licensed activity and is limited to the head, neck, hands, or feet. (4) Students from an accredited institution (pursuant to the requirements of Section 41-9 subd. 3(3)(a) i) who are performing therapeutic massage services in the course of a clinical component of an accredited program of study, provided that the students meet all of the following: (a) Perform the massage services at either the location of the accredited institution or clinics or other massage therapy businesses located outside of the accredited institution (if performing massage therapy outside of the institution the students must have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the massage therapy); (b) Have proof of liability insurance, which may be covered by the clinic or other licensed therapeutic massage therapy business or by the accredited institution; and (c) Are identified to the public as a student of massage therapy. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minn. Stat. 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 City is enacting an ordinance to license massage therapy businesses and massage therapists. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect after its passage and publication according to law. Approved this ____________day of __________________, 2022. 8 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________ DATE: July 19, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Release Agreement for TIF Note Assignment Related to Previous Tax Increment Financing Agreement for the Lora Hotel BACKGROUND In 2014, the City of Stillwater approved the use of Tax Increment Financing (TIF) to facilitate the redevelopment (and historic preservation) of the Joseph Wolf Block into a boutique hotel and restaurant. This project has been completed and has been in operation for multiple years. As part of the projects overall financing (TIF was only a small portion of the overall financing package), the Project’s Lender requested that the TIF Note be assigned to them, likely to collateralize the primary loan. This is fairly standard practice in these types of projects. The project must still deliver the requirements under the TIF Agreement. The TIF Agreement was a ‘Pay as you go’ or PayGo Note, meaning to real financial risk to the City in the event of default. At this point, the Project’s Original Lender has determined that it no longer needs the TIF Note as collateral on the Loan. As such, the Project’s Lender has requested a Release Agreement that releases the TIF Note Assignment. Lora Hotel will still be entitled to the TIF Payments under the term of the TIF Agreement. In summary, this request is a simple request to release the assignment of the TIF Note to the Project’s Lender. Elevage Group (Owner of Lora Hotel) will still be entitled to the agreed TIF Payments under the terms of the TIF Agreement. The TIF Note is simply not needed as collateral on the original loan at this time. RECOMMENDATION Staff recommends approval of the Release Agreement. ACTION REQUESTED Motion to approve the Release Agreement for the TIF Note Assignment related to Tax Increment Financing District No. 11 for Lora Hotel. {12088058.2 } 1 Release Agreement RELEASE AGREEMENT This Release Agreement (the “Release Agreement”) is entered into this ____ of ____________, 2022 (the “Effective Date”), between ALERUS FINANCIAL N.A., a national association (the “Lender”), ELEVAGE HOTEL GROUP, LLC, a Minnesota limited liability company (the “Borrower”), and THE CITY OF STILLWATER, a statutory city under the laws of the State of Minnesota (the “City”). The Lender, the Borrower, and the City are sometimes individually referred to herein as a “Party” and collectively as the “Parties”. RECITALS A. The Parties entered into an Assignment Of Development Contract and Estoppel dated July 26th, 2017, (the “Assignment”), which is attached hereto as Exhibit A, pursuant to which the Borrower assigned certain rights under a development contract with the City (the “Development Contract”) and a Taxable Limited Revenue Tax Increment Revenue Note Series 2017, in the principal amount of $862,500 (the “TIF Note”) and the City consented, agreed, and attorned to the terms of the Assignment, pursuant to the terms and conditions and as more fully set forth in the Assignment. B. The execution of the Assignment was an express condition to the Lender entering into a certain loan agreement with the Borrower dated July 26th, 2017 (the “Loan Agreement”), pursuant to which Lender loaned to the Borrower a non-revolving one-year construction loan in the amount of up to $7,800,000 (the “Loan”). C. Prior to the effective date, the Loan has been fully repaid and satisfied. D. Pursuant to Section 2 of the Assignment, the Borrower was obligated to endorse and deliver the TIF Note to the Lender. E. The Borrower and the Lender agree and acknowledge that the Borrower did not deliver to the Lender the TIF Note. F. The Parties desire to terminate the Assignment and reassign all rights and interests obtained by Lender in the Assignment to the Borrower. AGREEMENT The Parties agree as follows: 1. RECITALS. The terms of the foregoing recitals are hereby incorporated into this Agreement by reference. 2. TERMINATION OF ASSIGNMENT. The Parties mutually agree the Assignment shall be terminated effective as of the Effective Date (the "Termination Date"). Upon the Termination Date, the Assignment shall have no further force or effect. 3. REASSIGNMENT. The Lender assigns to the Borrower all of its right, title, and interest under {12088058.2 } 2 Release Agreement the TIF Note and the Development Contract. 4. REACQUISITION. The reassignment of the TIF Note pursuant to Section 3 is a “Requisition” pursuant to Minnesota Statute 336.3-207. The Borrower is hereby empowered to cancel any endorsements to the TIF Note pursuant to which the Lender was to hold the Note. 5. MUTUAL RELEASE. The Lender on one hand and the Borrower and the City on the other irrevocably and unconditionally release, cancel, and forever discharge the Borrower and the City on one hand and the Lender on the other, respectively, as well as all of each of their owners, directors, officers, employees, subsidiaries, affiliates, agents, and representatives from any and all claims, complaints, causes of action, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, expenses, and executions of any kind or nature whatsoever, whether known or unknown, actual or potential, whether arising in law or in equity, which each Party may have, may have had, or may in the future obtain, arising directly out of and only the Assignment, provided, however, nothing in the Release Agreement shall be deemed a release between the City and the Borrower or shall affect the City and the Borrower’s relationship in any way or a release between the Lender and the Borrower in regards to the Loan Agreement or anything related thereto other than the Assignment. 6. EFFECT OF TERMINATION ON ASSIGNMENT. Except as expressly provided in this Release Agreement, the Parties acknowledge and agree that none of their respective rights and obligations under the Assignment shall survive the termination of the Assignment pursuant to the terms and conditions as set forth therein. 7. COOPERATION BETWEEN THE PARTIES. Each Party shall fully cooperate with the other Parties with respect to the performance of this Release Agreement. Each Party will provide or make available to the other Party any information and will execute, acknowledge, and deliver such further documents that may reasonably be required in order to effectively perform this Release Agreement, to evidence the Reassignment, or to evidence the termination of the Assignment. 8. GOVERNING LAW AND VENUE. This Release Agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Minneapolis, Minnesota. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS RELEASE AGREEMENT. 9. BINDING AGREEMENT. This Release Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties. There are no {12088058.2 } 3 Release Agreement third party beneficiaries to this Release Agreement. Each Party acknowledges and agrees that it fully understands the provisions set forth in this Release Agreement and their effect, and that each Party is voluntarily entering into this Release Agreement. 10. SEVERABILITY. If any provision or portion of this Release Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 11. CONSTRUCTION. The headings and captions appearing in this Release Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Release Agreement shall not be construed more strongly against any Party regardless of which Party is more responsible for its preparation. 12. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed effectively given: (i) upon personal delivery to the Party to be notified, (ii) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (iii) one day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications to a Party shall be sent to the Party’s address set forth hereto or at such other address(es) as such Party may designate by ten days advance written notice to the other Party hereto. The initial addresses shall be as follows: If to the Lender: Alerus Financial, N.A. Attn: Tim Roden PO Box 2060 Minneapolis, MN 55402-2060 Tim.Roden@Alerus.com With copy to: DeWitt LLP Attention: Mitchell D. Sullivan, Esq. 2100 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402 msullivan@dewittllp.com If to the Borrower: Elevage Hotel Group, LLC Attn: Corey Burstad 402 Main Street Stillwater, MN With copy to: __________________ __________________ __________________ {12088058.2 } 4 Release Agreement __________________ If to the City: The City of Stillwater Attn: City Attorney 216 4th Street N. Stillwater, MN 55082 With copy to: __________________ __________________ __________________ __________________ 13. AMENDMENT. No change, modification, amendment, or addition of or to this Release Agreement shall be valid unless in writing and signed by authorized representatives of the Parties. 14. COUNTERPARTS. This Release Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others. An executed signature page delivered via facsimile transmission or electronic signature shall be deemed as effective as an original executed signature page. 15. ELECTRONIC EXECUTION. The words “execution,” “signed,” “signature,” and words of similar import in this Agreement shall be deemed to include electronic and digital signatures and the keeping of records in electronic form, each of which shall be of the same effect, validity, and enforceability as manually executed signatures and paper-based recordkeeping systems, to the extent and as provided for under applicable law, including the Electronic Signatures in Global and National Commerce Act of 2000 (15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act (Minn. Stat. § 325L.07), and any other similar state laws based on the Uniform Electronic Transactions Act or the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com). (Remainder of page intentionally left blank. Signature page to follow.) {12088058.2 } (Signature Page to Release Agreement) IN WITNESS WHEREOF, the Parties have signed this Release Agreement on the date first set forth above. ALERUS FINANCIAL N.A. ELEVAGE HOTEL GROUP, LLC By: By: Its: Its: THE CITY OF STILLWATER By: Ted Kozlowski Its: Mayor By: Beth Wolf Its: City Clerk {12088058.2 } Exhibit Release Agreement EXHIBIT A Assignment (see insert) DATE: July 13, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Third Party Gift Card Ordinance 2nd Reading BACKGROUND Attached is an ordinance amending Chapter 52, by adding a provision for the procurment of third party gifts cards. This ordinance will deter the fraudulent purchase of third party gift cards, while providing an opportunity for criminal investigators to follow- up on reported crimes involved these types of cards. ACTION REQUESTED Motion to approve the second reading amending Chapter 52 for the procurment of third party gifts cards. City of Stillwater Washington County, Minnesota ORDINANCE NO. 1186 AN ORDINANCE ENACTING CHAPTER 52-21 OF THE CITY CODE OF THE CITY OF STILLWATER ENTITLED PROCUREMENT OF THIRD PARTY GIFT CARDS The City Council of the City of Stillwater does ordain: SECTION 1 ENACTMENT. Article 52-21 of the City Code, Third Party Gift Card Procurement, is hereby enacted as follows: 52-21. – THIRD PARTY GIFT CARD PROCUREMENT Subd. 1. Purpose. The fraudulent procurement of third party gift cards at retail establishments in the city has become a widespread problem. These incidents affect numerous victims and require considerable law enforcement resources to investigate. By adopting these provisions, the City Council desires to protect the health, safety, and welfare of all persons living in the city, visiting the city, and operating businesses within the city by deterring the fraudulent procurement of third party gift cards at retail establishments and conserving the limited amount of time, energy, and resources available to local law enforcement agencies when investigating said behavior. Subd. 2. Definitions. For the purpose of this section, the following definitions shall apply. (1) Financial Transaction Card. Any instrument or device, whether known as a credit card, credit plate, charge plate, courtesy card, bank services card, banking card, check guarantee card, debit card, electronic benefit system (EBS) card, electronic benefit transfer (EBT) card, assistance transaction card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining credit, money, goods, services, public assistance benefits, or anything else of value, and includes the account or identification number or symbol of a financial transaction card. (2) Third Party Gift Card. A reloadable or non-reloadable prepaid card sold at retail establishments and used to make purchases via any credit card, bank card, or other monetary card network, for which the value is decreased upon each purchase. (3) Retail Establishment. A physical place of business in which consumer merchandise is sold to the general public. (4) Person. An individual, partnership, limited partnership, limited liability company, corporation, or other legal entity. (5) Proof of Identification. A driver’s license, Minnesota identification card number, or other identification document issued for identification purposes by any state, 2 federal, or foreign government if the document includes the person’s photograph, full name, birth date, and signature. (6) Sell. To transfer to another in exchange for monetary consideration through the use of a financial transaction card. Subd. 3. Identification Verification Required. Any person that sells a third party gift card to an individual on behalf of a retail establishment, including an agent, employee, or other representative of the retail establishment, shall require that the individual purchasing the third party gift card display proof of identification and shall verify that said proof of identification matches the individual’s form of payment. Subd. 4. Self-Checkout. A retail establishment shall not allow the purchase of third party gift cards at self-checkout kiosks where customers themselves scan merchandise and pay without the assistance of an employee of the retail establishment. Subd. 5. Enforcement; Violations. Penalties for violations shall be enforced against the retail establishment through the administrative citations process pursuant to City Code § 22-10. 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: An ordinance to deter the fraudulent purchases of third party gift cards at retail establishments by requiring the individual purchasing the third party gift card to provide proof of identification. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 19th day of July, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: July 15, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Washington County Sheriff’s Office/City of Stillwater JPA & Security Agreement BACKGROUND The City of Stillwater and the Washington County Sheriff’s Office have operated under a Joint Powers Agreement for use of the county-run Records Management System (RMS). The RMS is how all employees of the police department receive calls for service along with reporting on those calls. The previous agreement has expired and another is needed. This agreement is a one-year agreement running through 2022, with 4 one-year extensions unless either party gives written notice of it’s intention to not renew. RECOMMENDATION Staff recommends renewing the JPA/Security Agreement ACTION REQUESTED If Council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFFS OFFICE AND THE CITY OF STILLWATER AND APPROVAL OF THE ATTACHED SECURITY AGREEMENT JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF’S OFFICE AND THE CITY OF STILLWATER THIS JOINT POWERS AGREEMENT (“Agreement”) is made by and between Washington County a political subdivision by and through its Sheriff’s Office (hereinafter “Washington County”) and the City of Stillwater, Minnesota, a municipal corporation (hereinafter referred to as the “City”), which may be referred to individually as “party” and collectively as “parties”. WHEREAS, Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, provides that two or more governmental units may by agreement jointly exercise any power common to the contracting parties; WHEREAS, Parties create, store, and utilize data, including law enforcement data as defined in Minnesota Statutes Section 13.82, as political subdivisions of the State of Minnesota; WHEREAS, Parties find it beneficial to share law enforcement data to enhance services to residents, to arrange a data sharing opportunity to foster a stronger law enforcement relationship, as well as to assure uniformity and accuracy of data created and used throughout the county of Washington; NOW THEREFORE, pursuant to the authority contained in the Joint Powers Act and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, Washington County and City agree to the following terms and conditions. AGREEMENT CONDITIONS Parties agree to share law enforcement data created, stored, and utilized in the Central Square (TriTech) Software Systems records management system (“System”) during the term of this Agreement unless otherwise subject to exclusion. Each party to this Agreement will make available, through the System, to the other party such law enforcement data created, stored, and utilized by the parties hereto insofar to the extent distribution of such data is consistent with applicable Federal and State laws. No party shall use any data that is obtained under this Agreement for any commercial, for-profit activity or product or otherwise prohibited use. Parties agree they will not knowingly or negligently allow its employees, agents, or independent contractors to copy, sell, disclose, or otherwise make the law enforcement data available to anyone who is not authorized to have access to such data. Each party agrees to immediately notify the other in writing if it becomes aware of any unauthorized data access by its employees, agents, or independent contractors. The parties hereto further agree to guard against unauthorized disclosure by its own employees, agents or independent contractors by taking appropriate security measures including, but not limited to, providing physical security measures and taking all steps necessary to protect information, data or other tangible or intangible property of its own that the parties regard as confidential or nonpublic. All parties agree to comply with current U.S. Department of Justice CJIS Security Policies and the Minnesota Bureau of Criminal Apprehension CJDN Rules. #14695 SHERIFF'S OFFICE 1 All data entered into the System by the City shall remain City data; Washington County does not obtain any ownership interest in the City data except to the extent that Washington County is obligated to keep this data intact and the System secure and to regularly backup the data for redundancy and disaster recovery purposes. The City shall ensure the data submitted for addresses and parcels are accurately reflected and will amend any incorrect addresses by following appropriate process with Washington County. The City shall be responsible for responding to any data practices requests related to any City data that City employees, agents, or representatives enter into the System. The City agrees to maintain the technology utilized to connect to the System at a minimum in accordance with the Washington County Technology and Security standards, as stated and required in Security Addendum, attached to this Agreement as Exhibit A, including Washington County Information Technology Policy #3001, attached to the Agreement as Exhibit B, and Washington County Information Technology Policy #3006, attached to the Agreement as Exhibit C. Exhibits A, B and C are hereby incorporated by this reference. TERM OF AGREEMENT The term of this Agreement shall commence upon signature upon its execution by both parties. This Agreement shall remain effective until December 31, 2022. This Agreement will automatically renew at the end of the current term for four additional one year periods unless either party gives written notice of its intention not to renew annually before expiration of the current term. Parties shall notify in writing all parties hereto of any changes in the terms of the Agreement at least 60 days prior to the notice period for renewal or termination. PAYMENT The City shall pay Washington County per estimated capita within 30 days of being invoiced. Washington County shall invoice the City annually or quarterly as determined by the City. INDEPENDENT CONTRACTOR It will be agreed that nothing within the Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the City as the agent, representative, or employee of Washington County for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this Agreement. INDEMNIFICATION The City agrees it will defend, indemnify, and hold harmless the Washington County, its officers, and employees against any and all liability, loss, costs, damages, and expenses which the Washington County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the City in the performance of this Agreement. 2 Washington County agrees it will defend, indemnify, and hold harmless the City, its officers, and employees against any and all liability, loss, costs, damages, and expenses which the City, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the County in the performance of this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for one or both of the parties may not be added together to determine the maximum amount of liability for any party. INSURANCE REQUIREMENTS The City agrees that in order to protect itself, as well as Washington County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1.Maintain membership and participation in the Minnesota League of Cities Trust or Commercial General liability Insurance with contractual liability coverage in the amount of the City’s and Washington County’s tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the City’s and Provider’s tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 3.Worker’s Compensation in statutory amount. Prior to the effective date of this Agreement, the City will furnish Washington County, with certificates of insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without (30) thirty days’ notice thereof to Washington County. GOVERNING LAW This Agreement is made and shall be governed by the laws of the state of Minnesota. SEVERABILITY If any provision of this Agreement is held unlawful it shall not affect other lawful provisions. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of the contractor, because of this Agreement, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. 3 TERMINATION Washington County or City may cancel this Agreement with or without cause at any time upon giving 60 days written notice to the Washington County Sheriff or designee or the Stillwater City Police Chief, City Administrator, or designee. ENTIRE AGREEMENT. This Agreement, along with Exhibits A, B, and C, which are incorporated by reference, constitutes the complete and exclusive understanding between the parties with respect to the Agreement. CITY OF STILLWATER BY: __________________ DATE______ Mayor WASHINGTON COUNTY BY: _________________ DATE: ______ County Board Chair BY: _________________ DATE: ______ County Administrator BY: _________________ DATE: ______ Sheriff Approved to as form: Approved as to form: _____________________ DATE______ County Attorney's Office _______________________DATE_______ City Attorney 4 Brent Wartner 03/15/22 Approved and reviewed by County IT Department June 29, 2022 BY: _________________ DATE: ______ City Clerk SECURITY ADDENDUM 1 WASHINGTON COUNTY (MN) INFORMATION SECURITY POLICY LOCAL AGENCY SECURITY ADDENDUM EXHIBIT A This Security Addendum augements the Joint Powers Agreement signed by Washington County and the City of Stillwater on July 1, 2022 and Washington County Information Security Policy #3006 to ensure adequate security is provided for systems accessing Washington County data while (1) under the control or management of a Local Agency or (2) connectivity to Washington County systems has been provided to a Local Agency (city, police department, fire department, etc). This Security Addendum complies with Policy #3006, Section XXXV by providing information security responsibilies for Local Agencies handling County Not Public Data. The intent of this Security Addendum is to require that the Local Agency maintain a security program consistent with federal and state laws, regulations, and standards, as well as with policies and standards, as identified herein, established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB) for when Criminal Justice Information is present. This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of Washington County’s information resources are not compromised. The provisions of this Security Addendum apply to all personnel, systems, networks, and support facilities supporting and/or acting on behalf of the Local Agency in relation to accessing County Not Public Data. 1.00 Definitions 1.01 Local Agency – a local government in Washington County to include the city, police department, and fire department which has entered into an agreement for the administration of or access to Washington County data and/or systems. 1.02 Not Public Data – all data collected, created, maintained or disseminated by any government entiry regardless of physical form, storage media, or conditions or use. Not Public Data includes Criminal Justice Information (CJI), Protected Health Information (PHI), Payment Card Industry (PCI) information, Personally Identifiable Information (PII), Health Insurance Portability and Accountability Act information (HIPAA), Federal Tax Information (FTI) and any other data considered non‐public. 2.00 Responsibilities of the Washington County 2.01 Washington County will ensure that each Local Agency receives a copy of the Security Addendum and the Washington County Information Security Policy #3006. 3.00 Responsibilities of the Local Agencies SECURITY ADDENDUM 2 3.01 The Local Agency will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy when CJI is accessed) as well as with applicable policies and standards established by Washington County, the State of Minnesota, the federal regulation as it pertains to the data classification being accessed, processed, or transmitted (CJI, PCI, PII, PHI, etc.). 3.02 The Local Agency will acknowledge Washington County security practices as it pertains to the protection of data and information technology resources. The signed acknowledgments shall remain in the possession of Washington County and available for verification and audit purposes. The acknowledgment may be signed by hand or via digital signature. 3.03 The Local Agency agrees to requirements for the authorization to access Washington County data and systems as defined in Washington County’s Information Security Policy #3006, Section XXXV. 3.04 The Local Agency agrees to Acceptable Use Agreements as defined by the Washington County Acceptable Use Policy #3001 for any employee(s) requiring Washington County credentials to access programs or systems. Local Agency employees with credential level access to Washington County systems are required by policy to accept the Acceptable Use Agreement. 4.00 Security Violations 4.01 Washington County must report security violations to the BCA and the State of Minnesota when such reporting of security violations involving specific data is required by law. 4.02 Security violations can justify termination of the Joint Powers Agreement. 4.03 Upon notification, Washington County reserves the right to: a.Investigate or decline to investigate any report of unauthorized use; b.Suspend or terminate access and services, including telecommunications links. Washington County will provide the appropriate State or Federal agency with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to Washington County. Upon termination, the Local Agency's records containing Washington County data must be deleted or returned to Washington County, unless the Local Agency is otherwise required under law to maintain such data. 5.00 Audit 5.01 Washington County is authorized to perform a final audit of the Local Agency's technology systems used to access Washington County systems or programs after the termination of the Security Addendum. 6.00 Scope and Authority 6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Local Agency and Washington County. 6.02 The following documents are incorporated by reference and made part of this agreement: (1)the Security Addendum; (2)Washington County Information Security Policy #3006; SECURITY ADDENDUM 3 (3)the Washington County Acceptable Use Policy #3001; (4)the CJIS Security Policy; (5)Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13. The parties are also subject to applicable federal and state laws and regulations. 6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the Joint Powers Agreement and Washington County Information Security Policy #3006 to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the Joint Powers Agreement which impose more stringent requirements upon the Local Agency. 6.04 This Security Addendum may only be modified by written consent of both parties. Washington County must receive approval for amendment from its Director of Information Technology. 6.05 All notices and correspondence shall be forwarded by First Class mail to: Washington County Sheriff's Office 15015 62nd Street North Stillwater, Minnesota 55082 SECURITY ADDENDUM 4 CERTIFICATION I hereby certify that I am familiar with the contents of (1) the Security Addendum, including its intent and purpose; (2) Washington County Information Security Policy #3006; (3) the Washington County Acceptable Use Policy #3001; (4) the CJIS Security Policy; and (5) Minnesota Government Data Practice Act, Minnesota Statutes, Chapter 13, and agree to be bound by their provisions. I recognize that criminal history record information, protected health information, federal tax information, and related non‐public data, by its very nature, is sensitive and has the potential for great harm if misused. I acknowledge that access to any sensitive information and related non‐public data is therefore limited to the purpose(s) for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system or data by, among other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using, disseminating or re‐disseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re‐disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and federal crimes. Printed Name/Signature of Local Agency Employee Date Printed Name/Signature of Local Agency Representative Date Organization and Title of Local Agency Representative Information Technology Policy # 3001 Implemented: June 18, 1996. Page 1 of 12 Revised: June 11, 2019 EXHIBIT B Acceptable Use Policy & Guidelines for Utilizing Information Technology Resources This document includes security data as defined in Minn.Stat. 13.37. A redacted version is public data but the policy in its entirety is confidential as security data. Policy #3001 Implemented: June 18, 1996. Page 2 of 12 Revised June 11, 2019 Table of Contents Table of Contents ............................................................................................................................ 2 Policy .............................................................................................................................................. 3 Scope ............................................................................................................................................... 3 Guidelines ....................................................................................................................................... 4 I. Enforcement and Reporting Violations ................................................................................... 7 II. No Expectation of Privacy ...................................................................................................... 4 III. Personal Use of County Technology Resources ..................................................................... 4 IV. Acceptable Uses ...................................................................................................................... 5 V. Unacceptable Use .................................................................................................................... 5 VI. Use of Non-County Owned Assets (BYOD) .......................................................................... 8 a. Camera Phones and Other Personal Recording Devices .................................................. 8 b. Cell Phone and Electronic Devices .................................................................................. 8 VII. Remote Access & Teleworking ............................................................................................... 9 VIII. Logical Access Security .................................................................................................. 9 a. User Credentials ............................................................................................................... 9 c. Passwords ....................................................................................................................... 10 IX. Privacy/Data Practices Act .................................................................................................... 10 X. Clear Desk Guidelines and Physical Safeguards ................................................................... 11 a. Physical Safeguards........................................................................................................ 11 d. Clean Desk Guidelines ................................................................................................... 11 Sources .......................................................................................................................................... 11 Related laws and policies .............................................................................................................. 12 Policy #3001 Implemented: June 18, 1996. Page 3 of 12 Revised June 11, 2019 Policy The purpose of this policy is to provide clear guidelines to all users regarding the access, disclosure, safeguarding and personal responsibility of Washington County’s Information Technology Resources and data. Washington County provides a variety of Information Technology Resources to enhance communication, productivity, and create efficiencies for the purpose of better serving the public interest. It is everyone’s personal and professional responsibility to apply high personal standards of ethics, honesty, and accountability in making business decisions including where this Policy and supporting Policies have no specific guidelines. While some security measures may seem to complicate legitimate access and may result in a brief inconvenience to the user, the problems that may result from intentional or unintentional unauthorized access or misuse of resources may be severe and expensive to correct. It is imperative that all users employ appropriate security measures to protect these resources from misuse. All use of County Information Technology Resources must conform to the following: All use must be for legal purposes and also able to withstand public scrutiny without harming the reputation of Washington County; The use must not create or increase security risks; The use must not create or increase the risk of financial, legal, or liability; and The use must not adversely affect the professional performance of the user or other users of the County’s Information Technology Resources. In addition to this policy Washington County requires compliance with all other County policies and procedures; many of which supplement this Policy by providing more detailed guidance. See WashNet for all policies and the last section of this policy that lists related policies and procedures. Users may contact Information Technology for assistance with implementation or interpretation of these guidelines. The Department of Information Technology Service Desk may be contacted via phone at 651-430-6411, or via county e-mail at ITServiceDesk@co.washington.mn.us. Scope This policy applies to all Washington County employees, contractors, consultants, temporaries, and other workers, including all personnel affiliated with third parties. This policy applies to all equipment and services that are owned, leased or subscribed, and to any employee or contractor-owned equipment used for Washington County work-related activities. This includes home computers used to access internal County systems, all devices utilizing the County’s internal network and/or systems and web-based resources. Policy #3001 Implemented: June 18, 1996. Page 4 of 12 Revised June 11, 2019 Guidelines I. No Expectation of Privacy The computer systems and resources (including the network), and any data contained thereon are owned by the County (County resources) and are the property of the County. This is true whether such property is located in your home, or at a remote location, or in the office. Users do not and should not have an expectation of privacy in anything viewed, created, stored, sent, or received using the County resources or related infrastructure even after deletion of the data. Washington County and its individual department heads and officers share in the responsibility to oversee the effective use of technology and information resources. The County reserves the right to access, inspect, review and monitor any and all aspects of resources including, but not limited to computers, network communications personal sites visited by Users on the Internet, social media, blogs, instant messaging, chat groups, newsgroups, emails (sent and received), electronic and printed data (copier/fax/printer machine) and any material downloaded or uploaded. The County may use any means, human or automated tools, to monitor use of its computer resources without notification or consent of the user. By using the County’s computers, electronic devices, and/or networks, users consent to being monitored. II. Personal Use of County Technology Resources Washington County technology resources are to be used primarily for official County related business. A department head or officer may permit limited occasional personal use within their department at their discretion. All personal use occurring on County- owned equipment and systems is subject to all aspects of the Acceptable Use Policy. Any personal use that is contrary to the acceptable use as described in this policy is prohibited. The County is committed to protecting all legal users of the resources including the public, county employees, partners, vendors and other relationships from illegal or damaging actions by individuals, either knowingly or unknowingly. Limited personal use of County Information Technology resources is permissible with the approval of the appropriate department head or officer if the use also conforms to the following: The usage, including the value of the time spent, results in no incremental cost to the County or results in an incremental cost so small that accounting for it is unreasonable or administratively impractical. The usage does not create or increase the likelihood that Information Technology support services may be required. The usage does not impact the normal operation of the County’s Information Technology Resources such as an activity that could cause network congestion such as streaming videos, music or news programs. Policy #3001 Implemented: June 18, 1996. Page 5 of 12 Revised June 11, 2019 The use of any wired, dial-up, wireless, or any other type of connections on county-owned equipment to access non-county systems is not allowed without prior approval from the user’s department head and the Director of Information Technology. III. Acceptable Uses Under all circumstances, the Information Technology resources are primarily to be used according to an employee or contractor’s job role and to serve the public. Although not all-inclusive and generic to job role and responsibility, the following list provides non- exhaustive examples of acceptable use: Corresponding or collaborating with employees, agencies, vendors, professionals, or the public on work-related matters. Accessing external databases and files via the Internet to obtain reference information or to conduct research. Disseminating approved newsletters, press releases, or other documents. Delivering services to the public. Utilizing communications, including information access and exchange, for professional development or to maintain job knowledge or skills. Using County-owned computers and systems for limited personal use as allowed by the individual department head or officer and the Director of Information Technology. IV. Unacceptable Use The list below is not exhaustive but attempts to provide a framework for activities that fall into the category of unacceptable use. Unless otherwise authorized via explicit written permission or within job role and responsibilities, the activities listed below are expressly prohibited: Under no circumstances is any user of County resources authorized to engage in any activity that is illegal under local, state, federal law. Introduction of malicious programs, intentionally or unintentionally, onto the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) most often found in illicit websites, free games, social media, and other sources. Revealing your account password to others or allowing the use of your account by others, including family and other household members when work is being done at home or other offsite locations. Using any County resource to actively engage in procuring, transmitting material, or partaking in anything that constitutes sexual harassment or creates a hostile workplace via email, telephone or paging, whether through language, frequency, or size of messages. Making fraudulent offers of products, items or services originating from any Washington County account or infrastructure. Policy #3001 Implemented: June 18, 1996. Page 6 of 12 Revised June 11, 2019 Making statements about warranty, expressly or implied, unless it is a part of normal job duties. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the user is not an intended recipient or logging into a server or account the employee is not expressly authorized to access unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, ping floods, packet spoofing, denial of service and forged routing information for malicious purposes. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam) from a County Resource or using a Washington County identifier. Unauthorized use or forging of email header information. Solicitation of email for any other email address, other than that of the poster's account, with the intent to harass or to collect replies outside the official business of Washington County. Creating, participating in, or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type. Use or linking to any unauthorized document sharing platform. Non-work related e-mail list subscriptions (listservs) are prohibited. Port scanning or security scanning is expressly prohibited unless prior notification to the County is made and authorization is provided. Executing any form of network monitoring that will intercept data not intended for the employee's computer unless this activity is a part of the employee's job/duty. Circumventing user authentication or security of any host, network or account. Using any program/script/command/device, or sending messages of any kind with the intent to interfere with or disable a user's terminal session via any means locally or via the Internet/Intranet/Extranet. Users will not keep County-Owned devices on their persons during extended periods of leave of absence of more than five days unless there is prior approval from their respective department head and the Director of Information Technology. Use of County identifiers (such as user-name, password, email account, etc.) for any non-County related online activity. For instance using the Washington County email for registration into person social media services such as Linked- in, Twitter, Facebook, Instagram and similar. Re-using a County password for personal use whether it be to login to a home utility, personal bank account, etc. is prohibited. Employees and contractors may not access their personal email accounts on the CJDN County networks. Users may not download or install programs, or program upgrades (patches), on any county-supported computers without advance approval from their respective department head and the Director of Information Technology. Policy #3001 Implemented: June 18, 1996. Page 7 of 12 Revised June 11, 2019 V. Enforcement and Reporting Violations Compliance with this policy and all other policies at Washington County is mandatory unless otherwise authorized via explicit written permission and documented according to the Policy Exceptions procedure. It is everyone’s responsibility to read and understand all policies relevant to their job function and overall employment. The guidelines to this and all policies include some specific examples of prohibited use and requirements concerning the type of use and handling of information. Those who violate any policy and/or its accompanying guidelines may be subject to corrective action, which may include revocation of privileges, legal action, and/or severance of their relationship with Washington County. In addition, those who violate this policy and accompanying guidelines may be subject to discipline up to and including discharge. Washington County reserves the right to hold individuals personally liable for any violations of policy when his or her conduct directly or through another person/entity results in a breach of confidentiality or security of not public data. Individual liability may include civil or criminal penalties. Washington County Information Technology employees are required to immediately report suspected violations of this policy to their supervisor, Department of Information Technology security, or the Director of Information Technology if they discover indications of unacceptable use. A concern or complaint should be factual rather than speculative or conclusory and should contain as much specific information as possible to allow for proper assessment. The concern or complaint should be candid and set forth all of the information known and must contain sufficient corroborating information to support the commencement of an investigation. Anyone submitting intentionally false complaints will be subject to disciplinary action. The following information should be included to the extent reasonably possible: a. The alleged event, matter or issue that is the subject of the concern or complaint. b. The name of each person involved, if known. c. If the concern or complaint involves a specific event or events, the approximate date and location of each event. d. Any additional information, documentation or other evidence to support the concern or complaint. The Director of Information Technology will maintain a log of all concerns and complaints, tracking their receipt, review, investigation, and resolution, and will prepare a periodic summary report thereof for the County Attorney’s Office. Copies of concerns and complaints and such log will be maintained in accordance with the County’s Records Retention Policy #1810 or procedures then in effect. Any suspected data breach must be reported immediately to the County Risk Manager, Information Technology, and County Attorney’s Office. Any suspected or confirmed Policy #3001 Implemented: June 18, 1996. Page 8 of 12 Revised June 11, 2019 violation of the Data Practices Policy must be immediately reported to the County Attorney’s Office. VI. Use of Non-County Owned Assets (BYOD) Access to any County Information Technology resource is only permissible using methods and tools approved by Information Technology. All other means of access are prohibited. Unless permission has been granted by the Information Technology Director and documented using the Policy Exceptions Procedure, employees and contractors must never conduct County work on personal or non-county email accounts. Personal use of County email is prohibited. To do so would circumvent control over the disposition of Government Data and potentially subject the County to data breaches and non- compliance with the Data Practices Act. Personal digital assistants, handheld computers, and smartphones must not be used to access or store any not public data unless they have been approved for such use by Information Technology and configured with the necessary controls, such as encryption and boot protection, mobile device management (MDM). Connecting unapproved, non-county owned assets to a Washington County managed infrastructure, county network (not including the guest network) or resource without authorization is strictly prohibited. a. Camera Phones and Other Personal Recording Devices To protect not public data or other valuable assets from theft or misuse the use of video recorders or other devices for recording purposes is prohibited. Exceptions include: Sheriff’s Office body cameras, recordings made of meetings, conferences or training sessions may be allowed with the permission of management and the agreement of those in attendance, or other job-related functions; the photographing or recording of other employees may be made on a limited basis at business-related social functions or at Washington County sponsored events, and must have the permission of IT and/or the Department Heads involved. No County data is to be stored on personal devices, all data must be transferred to a county-owned device or application and deleted from personal devices. b. Cell Phone and Electronic Devices Limited use of personal cell phones while on premises may be permitted as long as it does not interfere with performance, pose a distraction or create an unsafe situation for others. This policy applies to both incoming and outgoing cellular calls and includes sending and/or receiving text messages. All Washington County employees, contractors, and vendors should be considerate by ensuring their cell phones do not ring in a distracting manner or otherwise interfere with the ability of others to perform work productively or for any services received by or for the public. Policy #3001 Implemented: June 18, 1996. Page 9 of 12 Revised June 11, 2019 VII. Remote Access & Teleworking All remote access to county resources whether on county assets or approved non-county owned assets must be approved and coordinated by Information Technology. County- owned access must only access County-resources through the approved VPN capability. 1. All mobile devices must enroll in the County-approved Mobile Device Management solution (e.g. Citrix SecureHub) before accessing county emails/calendar and data on their personally owned or County-owned Devices. 2. All Devices must deploy continuous (always “on”) approved anti-malware and antivirus software and/or services that are approved by Information Technology. 3. The device must be able to satisfy the security policy requirements for lockdown, administrative access, password strength, encryption and automatic shut off. 4. Users are not allowed to connect to any corporate asset if they jailbreak their iPhones, root their Androids, modify to be less secure or similar. 5. Credentials (usernames and passwords) cannot be stored or saved for automatic access into any County service or application. 6. Remote workers using County-owned devices are responsible for bringing County-owned devices into their respective offices or a Washington County facility on a regular basis to receive updates and patches. 7. A device’s prolonged absence from direct Washington County network connection is prohibited. The absences will be monitored and logged by the Information Technology security team. Violations will be reported to the Director of Information Technology. VIII. Logical Access Security a. User Credentials All user-level system access (ex., network login, e-mail, desktop computer, desktop computer, application system, etc.), must occur through a password-protected account. The following general rules apply to all County employees and contractors: 1. Never write passwords down. 2. Never send a combination of username and password via email. 3. Never tell anyone your password, including over the telephone. 4. Never use your password or any form of it as a hint for password recovery. 5. Never have the system or any application “remember your password”. 6. Be careful of having anyone physically observe you type in your password or use any credential. Employees are not permitted the re-use of any Washington County username and password combination non-County system or in with any personal applications or devices. When the same credentials are used, a security breach suffered by a non- Policy #3001 Implemented: June 18, 1996. Page 10 of 12 Revised June 11, 2019 county entity may have negative consequences for Washington County. Using unique credentials for County and non-County systems may contain a breach to a limited area. Even when unique credentials are used it is the employee’s responsibility to report any breach of information, even for non-county systems and devices, to county data security and technology personnel so that appropriate actions and precautions may be taken b. Passwords All user and system administration passwords must conform to the standards established by the Department of Information Technologies Information Security Policy 3006. User account and password information must not be inserted into any form of electronic communication or storage (ex., e-mail, or electronic document), without using encryption methods and tools approved by Information Technology. Passwords should never be shared and the use of shared passwords are not allowed. Strong passwords are the following requirements are listed in the Information Security Policy #3006. The best protection is to never use anything in your password that is guessable by based on personal knowledge of you or from your online behavior. A password that is a common name or found in a dictionary even if special or unique characters are used in place of letters should not be used. Washington County requires using password or passphrases are outlined in the Information Security Policy #3006. IX. Privacy/Data Practices Act All employees are expected to know and abide by all applicable statutes and regulations relating to the protection of not public data. Two key statutes and regulations are the Minnesota Data Practices Act and the HIPAA (Health Insurance Portability and Accountability Act). Please consult Washington County Guidelines and Procedures, Government Data Practices Act and/or Health Insurance Portability and Accountability Act, available on WashNet, or contact the Civil Division of the County Attorney’s Office for more specific information. It is your responsibility as a County employee to know if your job function handles these types of data. Policy #3001 Implemented: June 18, 1996. Page 11 of 12 Revised June 11, 2019 X. Clean Desk Guidelines and Physical Safeguards a. Physical Safeguards Employees are expected to take the following physical safeguard measures: 1. Employees must ensure that workstations are secured when unattended either by logging off of the county network or using a password-secured screensaver. 2. Computers located in an area where the public may be in proximity must have monitors positioned in a way such that any not public data on monitors is not visible to the public. Use of screen protectors is recommended for monitors visible to the public and required for computers accessing Not Public data by regulations, statues, and law. 3. Computers or any mobile device such as a laptop or Personal Digital Assistant (PDA) that are located in an area where there is access to the public must be physically secured to discourage theft. b. Clean Desk Guidelines Washington County adheres to the Clean Desk Guidelines. The Clean Desk Guidelines takes into account the data classifications, legal and contractual requirements, and corresponding risks associated with exposure of not public data. The Clean Desk Guidelines is based on industry best practices and includes the following: 1. Not public data (e.g., on paper or on electronic storage media) shall be locked away (ideally in a safe or cabinet or other forms of security furniture) when not in use, especially when the office is vacated; 2. Computers and terminals shall be left logged off or protected with a screen and keyboard locking mechanism controlled by a password, token or similar user authentication mechanism that conceals information previously visible on the display when unattended; 3. Incoming and outgoing general office or publicly accessible mail points, printers, photocopiers, and unattended fax machines shall not receive or transmit not public data. 4. Printers, copiers and fax machines that are authorized for not public data should be cleaned of all potential stored not public data before disposal or replacement; 5. Documents containing not public data shall be removed from printers, copiers, and fax machines immediately; and 6. When transporting documents with not public data within facilities and through inter-office mail, information shall not be visible. Sources County Board motion on June 18, 1996 Policy #3001 Implemented: June 18, 1996. Page 12 of 12 Revised June 11, 2019 County Board motion on July 28, 1998 County Board motion on April 19, 2005 County Board motion on March 20, 2007 County Board motion on March 24, 2009 Related laws and policies 1005 - Code of Ethical Conduct 1018 - Government Center Building Security 1034 - Health Insurance Portability and Accountability Act (HIPAA) Security Policy 1035 - Health Insurance Portability and Accountability Act (HIPAA) Data Practices 1201 – Contracting Policy 1300 - Data Practices 1810 - Records Retention Schedule 3006 – Information Security Policy 5030 – Telework Information Technology Policy # 3006 Implemented: June 11, 2019 Page 1 of 27 EXHIBIT C Information Security Policy This document includes security data as defined in Minn.Stat. 13.37. A redacted version is public data but the policy in its entirety is confidential as security data. Policy # 3006 Implemented: June 11, 2019 Page 2 of 27 Table of Contents Table of Contents 2 Information Security Policy 4 Policy Administration 4 Enforcement 5 Definitions 5 Scope 5 Guidelines 6 I. Policy Exceptions 6 II. Policy Approval and Enforcement 6 a. Updates, or Changes to Policy 7 III. Security and Privacy Awareness and Training 7 IV. Key Players: Definitions, Roles and Responsibilities 8 V. Data classification and handling 9 a. Personally Identifiable Information (PII) 9 b. HIPAA 9 c. Website Data 9 d. Data at Rest or Storage 9 VI. Transmittal of Not Public Data 10 a. External File Transfer 10 b. Internal File Transfer 10 VII. Bluetooth 11 VIII. Encryption 11 a. Encryption strength 11 IX. Key Management & Certificate Issuance 11 X. Data sharing platforms 11 XI. Removable media 12 XII. Email and Messaging Platforms 12 XIII. VOIP 12 XIV. Wireless 12 XV. Portable devices 13 Policy # 3006 Implemented: June 11, 2019 Page 3 of 27 a. Subcontractors or Agents Personal Devices 13 XVI. Event Logging 13 a. Log Access 15 b. Audit Log 15 c. Audit Log Retention 15 XVII. Audit Monitoring, Analysis, and Reporting 15 XVIII. Event Monitoring 16 XIX. Account and Access Reviews 16 XX. Physical Access 17 XXI. Media Sanitation, Destruction and Disposal 17 XXII. Logical Access 18 XXIII. General User and Administrative Access 18 XXIV. Password Policy standards 19 XXV. User Access Provisioning and De-Provisioning 21 XXVI. CJI Storage 22 XXVII. Secure destruction of paper and electronic data Policy 22 XXVIII. Network Security 22 XXIX. Remote Access / Telecommuting 23 a. Teleworkers/Telecommuters 23 XXX. Local Logical Security 24 XXXI. Change Management 25 XXXII. Vulnerability Management 25 a. Vulnerability Remediation 25 XXXIII. Patch Management 26 XXXIV. Network and Firewall 26 XXXV. Third Party Security and Privacy Audits 26 XXXVI. Incident Response 27 Sources 27 Related laws and policies 27 Policy # 3006 Implemented: June 11, 2019 Page 4 of 27 Information Security Policy This Information Security Policy is the aggregate of directives, regulations, laws, rules, and practices prescribing how Washington County, Minnesota manages, protects and distributes data. This policy sets the guidelines for the physical and logical security of Washington County, Minnesota assets. Some of the information contained in this policy and related procedures are classified as Not Public pursuant to Minn. Stat. 13.37. For organizational entities that handle, transact, store or process Not Public data such as Protected Health Information (PHI), Criminal Justice Information (CJI) as part of the CJIS (Criminal Justice Information Services) or any other information classified as Not Public. This policy provides the appropriate controls to protect the full lifecycle of Not Public information whether at rest or in transit. This Information Security Policy provides the guidance for the creation, viewing, modification, transmission, dissemination, storage, and destruction of all Not Public data. This policy applies to every individual, contractor, private entity, employee, third party, subservice organization, noncriminal justice agency representative, or member of a criminal justice entity with access to, or who operates in support of Not Public data. In addition to the protection of Not Public data, the policy provides the security requirements for access to and all non-public data related to Washington County, Minnesota / the Federal Bureau of Investigation (FBI) CJIS division systems. Effective security is a team effort involving the participation and support of every employee and affiliate who deals with data and/or information systems. It is the responsibility of every computer user to know these guidelines and to conduct their activities accordingly. It is the policy of Washington County to protect data contained in our client websites and to recognize our responsibility under all applicable regulations and statutes. Policy Administration Contents of this master policy must be made available to all employees and authorized contract workers and contractors. This policy will be updated from time to time and must stay current with state and federal law and statutes, regulatory requirements, presidential directives, the criminal justice communities Advisory Policy Board (APB) decisions along with nationally recognized guidance from the National Institute of Standards and Technology (NIST) and the National Crime Prevention and Privacy Compact Council (Compact Council). When updates occur, notifications will be provided to all employees and contractors who are expected to know and understand the updates and be responsible for compliance with this policy. This policy and to the extent reasonably possible related procedures will apply regardless of the implementation architecture. Architectural independence is not intended to lessen the importance of systems, but provide for the replacement of one technology with Policy # 3006 Implemented: June 11, 2019 Page 5 of 27 another while ensuring the controls required to protect the organization and its data remain constant. In general this policy will be reviewed a minimum of once annually and is enforced and approved by the Washington County Board who may delegate authority to update it to appropriate Information Technology and Data Practices and other appropriate staff. Enforcement Compliance with this Information Security Policy is mandatory. Violations of this policy may result in suspension of access privileges to any or all parts of the County network until additional training is performed and disciplinary action up to and including termination from employment. Washington County may hold individuals personally liable for any violations of this policy when his or her conduct directly, or through another person/entity, results in a breach of confidentiality, privacy or security of Not Public data. Individual liability may result in civil or criminal penalties authorized by statute. Definitions For standard definitions and acronyms, please refer to the Master Definitions found here. Scope The scope of the security policies and procedures are to secure all Not Public Data through physical and logical assets against all internal, external, deliberate or accidental threats. This includes any CJIS information as well as internal information systems and support processes within the County including employee, financial, and operational data of itself, its partners and subsidiaries. The policy is also intended to provide security, Not Public, availability and processing integrity of all data be it physical (e.g. paper) or electronic, and all services and support mechanisms to meet internal and external operational requirements. This Policy ensures: ● Data is only accessible to authorized persons; ● Confidentiality or privacy of data is maintained throughout all processes; ● Integrity of data is maintained throughout all processes; ● Cyber incident response and business continuity plans will be developed, maintained, and periodically tested; ● Compliance with applicable state, federal and industry standards, statutes and regulations. ● Data is used appropriately and system discipline and policies relating to acceptable use and least privilege are enforced. ● All breaches of data security and suspected weaknesses are reported and investigated per policy and in accordance with all statutory, regulatory and contractual obligations; Policy # 3006 Implemented: June 11, 2019 Page 6 of 27 ● Procedures exist to support and audit compliance with policies; ● Business requirements for the availability of the systems will be met; ● All individuals are directly accountable and responsible for following the policies set forth and managers are responsible for ensuring compliance within their respective departments or offices; and ● All requirements for legal, regulatory and contractual obligations are addressed. Guidelines I. Policy Exceptions Despite the care that has been taken in authoring, reviewing and approving this policy, the policy cannot foresee all possible circumstances or situations in which it might apply. It is therefore conceivable that situations or emergencies may occur when practical considerations clearly override or negate the policy statements made herein. When a situation is identified in which these policies cannot or do not apply for whatever reason the matter should be raised with management. Management in conjunction with a responsible county officer, relevant Information Asset Owner(s) and other responsible parties will make an explicit risk-based decision on whether to permit or deny such policy exceptions. Where a policy exception is permitted an individual or group will be assigned accountability for the oversight and management of the exception. Information Security will ensure accountability of the exception is being managed properly by the individual or group. See the Information Security Policy Exception SOP for the details associated with submitting an exception. Non-compliance with one or more information security policies without approved exception(s) will be treated as a disciplinary matter. See Enforcement section in this Information Security Policy for matters related to violation of security policies. To request/inquire about a Policy Exception, visit https://washnet.co.washington.mn.us Information Technology for more information or contact itservicedesk@co.washington.mn.us. II. Policy Approval and Enforcement This policy has been formally approved and will be enforced by all employees and County Leadership. All employees and authorized contract workers are required to agree to the requirements of this and all other policies and to confirm they have received training upon hire and through participating in annual re-training. The policy may be periodically updated. All employees and authorized contract workers are responsible for keeping aware of and abiding by all changes to this policy. Policy # 3006 Implemented: June 11, 2019 Page 7 of 27 a. Updates, or Changes to Policy Changes to policy, security processes, configuration, and monitoring follow Washington County Change Management Process. The policy is broken into key distinct sections to allow frequent updates to respond to rapid advances in technology and changes to the threat security landscape. III. Security and Privacy Awareness and Training Washington County maintains an ongoing Security Awareness program that is managed by Information Technology. Information Security is responsible for ensuring security awareness and acceptable use training is conducted regularly and as needed for Washington County users. This process includes the following: ● Minimum of once annually information security training sessions offered in person or computer-based; ● An online repository of all training and policy materials accessible by all employees and authorized contract workers; ● Yearly updates to County leadership on the status of the threat landscape; ● A minimum of an once annual audit to measure adherence to policy and related procedures (can be performed by internal or authorized external resources); ● A minimum of an once annual Incident Response management training and testing for employees whose responsibilities include incident response; ● A minimum of once quarterly security and compliance staff meetings to address any new risks, threats, vendor notices, policies, rules or changes to the environment that review the following topics: o New risks as related to staff as current events, notices from security providers, new signatures, and other related items; o Results of vulnerability scans; o Notices and alerts from security and compliance appliances, services vendors and other applicable sources; o Review of security patches; o Review of elevated privilege logs (at least once monthly); and o Review of changes and requests for changes to group policy The goals and objectives of the Security and Privacy Awareness training topics must address the following: 1. Individual responsibilities and expected behavior with regards to the handling and exposure of Not Public Data 2. Implications of non-compliance 3. Non-disclosure 4. Incident response (training, testing, identify points of contact and individual actions) Policy # 3006 Implemented: June 11, 2019 Page 8 of 27 5. Visitor control and physical security 6. Handling, dissemination, storage, transmittal and destruction of Not Public data 7. Social engineering 8. Security policies such as password management, web usage, personal device, data back, vulnerability management, network infrastructure protections Where applicable records of individual Security Awareness training shall be tracked and maintained by the Information Technology department. IV. Key Players: Definitions, Roles and Responsibilities These roles/responsibilities are not meant to be all inclusive of job duties, but specific to the role they play in creating, enforcing, following, and changing information and physical Information Security Policy and procedures at Washington County. Job Descriptions. Role Responsibility Washington County Board Oversight, accountability, and enforcement of all contractual regulatory privacy, security policies and procedures. NOTE: For CJIS Systems Agencies, the role of the Chief Security Officer (CSO) cannot be outsourced. The CSO or the CSO’s designee ensures the Terminal Agency Coordinator (TAC) is designated within each agency that has devices accessing CJIS Systems. Each agency having access to CJI must designate someone at the local level as the Local Agency Security Officer (LASO). For CJI/BCA the CSO assumes ultimate responsibility for managing the security of CJIS systems within their agency. In the non-FBI role the Administrator or County Board or managing Director assumes that responsibility and can delegate to the Administrator, County Board. Local Agency Security Officer (LASO) Oversight, accountability, and enforcement of all information security governance, risk and IT security activities, including but not limited to, policies, awareness, security risk management, security operations, and Incident Response. This individual is assigned and held accountable by the County Board. IT Leader (can also serve as LASO by delegation) Responsible for the daily operations of the IT department and complying with and systematic enforcement of logical and physical security as well as compliance. Department and Office Heads Responsible for ensuring that their team is trained, aware of, and following all policies and procedures related to their department or office. Washington County Department Techs Business owners of the data transacted, stored, and transmitted. Policy # 3006 Implemented: June 11, 2019 Page 9 of 27 Information Security Responsible for establishing, changing and revoking logical access. V. Data classification and handling Washington County has multiple levels of data classification: See 1300 - Data Practices. a. Personally Identifiable Information (PII) For the purposes of this document all PII information is classified as Not Public Data and contains any of the following: social security number, user-id, password, biometric records, alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. Any FBI CJIS provided data maintained by an agency, including but not limited to, education, financial transactions, medical history, and criminal or employment history may include PII. b. Health Insurance Portability and Accountability Act (HIPAA) For HIPAA definitions and data handling policy refer to the Washington County Guidelines and Procedures for HIPAA Privacy Standards, Policy 1035 (Here) c. PCI/DSS Data Credit cards must never be processed through unauthorized channels outside of those listed unless explicit consent has been obtained and documented by the LASO and Information Technology Director. d. Website Data Washington County employs the utmost of care to ensure the security of all data contained in client websites. The county utilizes secure socket layer (SSL) encryption on all external data transmissions to and from our servers, including both the User ID and Password protection and a compliant electronic signature and record locking capability. There is always some risk involved when submitting data over the Internet. The county does not guarantee the web site is 100% safe from illegal tampering or "hacking." Therefore, any data transmitted over the Internet may be at risk. However once it is received at Washington County and entered into our database it is covered by the same physical and logical security protection that Washington County extends to all Not Public Data. c. Data at Rest or Storage Not Public Data at rest and in any form of storage will be encrypted according to the standards in this policy. Policy # 3006 Implemented: June 11, 2019 Page 10 of 27 VI. Transmittal of Not Public Data Prior to exchanging information deemed Not Public Data, including PII, PHI, CJI, Washington County shall put formal agreements in place that specify security controls with third parties. The exchange of information may take several forms including, but not limited to electronic mail, instant messages, web services, facsimile, hard copy, file transfer protocols, and information systems sending and receiving through direct interfaces over specific ports. Information exchange agreements will outline the roles, responsibilities and data ownership between agencies/companies and any external parties. Information exchange agreements should be predicated with a signed NDA and may be part of an overall contractual agreement that includes data sharing. For CJIS a separate information exchange agreement is required. There may be instances on an ad-hoc basis where CJI is authorized for further dissemination to Authorized Recipients not covered by an information exchange agreement with the releasing agency. In these instances the dissemination of CJI is considered to be secondary dissemination. Law Enforcement and civil agencies must validate a requestor of CJI as an authorized recipient before disseminating CJI. a. External File Transfer Washington County enforces end to end encryption transmittal such as using public/private key, SSL, SFTP, etc. HTTPs for websites and all data transfers. All production data and associated keys are encrypted to the industry standard AES-256 algorithm via the TLS 1.2 or 1.3 protocol. Compressed attachments via email are quarantined and assessed upon receipt. If no malicious attachments are forwarded to the recipient or if a file is too large to be transmitted, the Information Technology will provide a designated file transfer or path to receive such attachments and downloads either via a service desk request or via a select trained business group that can send and receive compressed images and data files via email and other means. b. Internal File Transfer Internal File and Data Transfer standards are SSH where required for Not Public Data. Most internal file transfers occur via WashNet, email, and between applications via workflow. Local antivirus / antimalware software is configured to scan all files being downloaded or transferred between machines. File transmission is performed only through approved channels (e.g. Citrix ShareFile). Contact Information Technology Security for all proposed alternatives. Policy # 3006 Implemented: June 11, 2019 Page 11 of 27 VII. Bluetooth Devices are hardened to prevent the use of the Bluetooth protocol. Bluetooth Smart Speaker or Video capabilities (e.g. Alexa, Siri, Cortana) will not be used for County business without explicit consent by the Information Technology Director and completion of the Exception Policy. VIII. Encryption All computers used for telecommuting, and portables, laptops, notebooks, and other transportable computers containing Not Public Data utilize full disk encryption. In addition to encryption all laptops and desktops will consistently employ windows protection via a password that meets the password strength requirements. These two essential controls are provided through software or hardware systems maintained and enforced by the Washington County Information Technology. a. Encryption strength All encryption mechanisms implemented to comply with this policy must support a minimum of, but not limited to 128-bit encryption for SSL, 256-bit encryption for AES and Twofish, 2048-bit encryption for PGP keys. One-way hashing must support SHA- 256 or NTLMv2 (LM Hash/NT Hash with NTLMv2 authentication only). All external mobile devices including mobile operating systems such as phones and tablets, must be approved and registered using our Mobile Device Management (MDM) prior to allowing access to county resources on a non-owned county asset. Only those registered are allowed to connect to a County network. All non-Washington County Assets must be password protected and recommend local encryption on the device. IX. Key Management & Certificate Issuance Where PKI (Public Key Infrastructure) technology is used the agency must develop and implement a certificate policy and certificate practice statement for the issuance of public key certificates. The county employs PKI to enhance security and trust for: ● Facilities access, network access, and applications access for high-risk applications; ● Document sharing and digital signatures; and ● Signed and encrypted email communications. X. Data sharing platforms Electronic Communication platforms that do not have central control features, audit trail capability or encryption are prohibited. Policy # 3006 Implemented: June 11, 2019 Page 12 of 27 XI. Removable media Removable media (see definition in the online definitions list) is allowed to be used in documented circumstances and approved by the Management, LASO and Information Technology Security. Where removable media is permitted the following applies: 1. Removable media devices used to load and transfer data will be provisioned from the County Information Technology. The County does not permit external removable devices to be installed from a non-County location. 2. Removable media received from Clients/Inmates must be scanned prior to being inserted into a County Asset. 3. Any removable media that contains Not Public Data must be transported in a secure manner via encryption and/or strong password protected and physically transported with a proper chain of custody controls in place. The keys and/or passwords should be sent at different times and via different methods. 4. Sending or receiving removable media outside the County must use and maintain a chain of custody. XII. Email and Messaging Platforms All emails with Not Public data transmitted outside of County networks are encrypted. Any Not Public Data transmitted through a public messaging network (e.g., Internet) must use encryption or be transmitted through an encrypted tunnel (VPN) or connection following the encryption standards indicated in this policy. XIII. VOIP Voice Over Internet Protocol (VOIP) is not encrypted in its implementation nor are stored voice messages. VOIP is transmitted on a dedicated and segmented VLAN. Acceptable use policy states that Not Public Data should not be stored in voicemails. All voicemail systems will contain a warning message indicating that Not Public Data should not be left in a voicemail on a County voicemail system. XIV. Wireless The County will maintain a minimum of two wireless segments with one being a public or guest wireless connection. The guest wireless network password will be made available to the public and will contain a banner page that must be positively acknowledged by the user prior to accessing the internet. The banner page contains a wireless security disclaimer and acceptable use agreement. Use of the guest network segment to transmit any Not Public Data is expressly prohibited. See the Acceptable Use Policy. Integration of any wireless network access points or other wireless communication equipment or appliances is performed only by Information Technology. No user is Policy # 3006 Implemented: June 11, 2019 Page 13 of 27 allowed to set up an independent wireless access point for the transmission of Not Public Data, including personal wireless hotspots. Access to the County’s wireless networks will require authentication using the user’s assigned account credentials. Wireless technology deployed at the County will be configured to use a minimum of WPA2 Enterprise (Wi-Fi Protected Access), which provides data encryption through the temporal key integrity protocol (TKIP) and user authentication through the extensible authentication protocol (EAP). The County’s Active Directory Service will be used as the basis for authentication to services, including wireless network access. XV. Portable devices All Not Public Data stored on portable devices including laptops and smartphones must be encrypted. Portable devices should not be used for the long-term storage of any Not Public data unless formally approved via the Policy Exception Process. Laptops/desktops that store or transmit Not Public Data must be controlled, audited and managed by the County and be security hardened according to the standards set forth in this policy, including but not limited to the use of hard drive encryption, updated antivirus/anti-malware software, firewall software, password enforcement and remote wipe with unneeded services and ports turned off and subject to needed applications being properly configured. a. Subcontractors or Agents Personal Devices Any Not Public Data transmitted using a subcontractor or third party device is covered by a Washington County Non-Disclosure Agreement (NDA). Information must be returned and/or purged immediately upon termination of services. All authorized third parties who transmit, receive, process, or otherwise have access to any Not Public Data must abide by this policy and County employees who manage the third parties must ensure their subcontractors are compliant with this and all policies. XVI. Event Logging Nearly all automated systems will generate logs for defined events including events that are required to reviewed and audited to ensure the privacy, security, processing integrity, and confidentiality of electronic data. The County’s information system shall generate audit records for defined events. These defined events include identifying significant events that need to be audited as relevant to the security of the information system. The County shall specify which information system components carry out auditing activities. Auditing activity can affect information system performance and this issue must be considered as a separate factor during the acquisition of information systems. Policy # 3006 Implemented: June 11, 2019 Page 14 of 27 The County’s information system shall produce at the application and/or operating system level, audit records containing sufficient information to establish what events occurred, the sources of the events, and the outcomes of the events. The County shall periodically review and update the list of County-defined auditable events. In the event the County does not use an automated system, manual recording of activities shall still take place. The following events at a minimum shall be logged: 1. Successful and unsuccessful system log-on attempts. 2. Successful and unsuccessful attempts to use: a. access permission on a user account, file, directory or other system resources; b. create permission on a user account, file, directory or other system resources; c. write permission on a user account, file, directory or other system resources; d. delete permission on a user account, file, directory or other system resources; e. change permission on a user account, file, directory or other system resources. 2. Successful and unsuccessful attempts to change account passwords. 3. Successful and unsuccessful actions by privileged accounts. 4. Successful and unsuccessful attempts for users to: a. access the audit log file; b. modify the audit log file; c. destroy the audit log file 5. User authentication success or failure in both applications and databases 6. Resource access success or failure (i.e. “faults”) 7. All network and security configuration changes 8. General permission and/or ACL changes not already included 9. Wi-Fi logs including public and guest networks 10. Database transaction and event logging not already included 11. Internet browsing, web link, web filtering event and transaction logs 12. All firewall event logs generated 13. Any remote access appliance or service logs The following content shall be included with every audited event: 1. Date and time of the event; 2. The component of the information system (e.g., software component, hardware component) where the event occurred; 3. Type of event; 4. User/subject identity; Policy # 3006 Implemented: June 11, 2019 Page 15 of 27 5. Outcome (success or failure) of the event. An audit process failure is considered a high-risk event and should be treated as a high severity level when reporting incidents. a. Log Access Access to event logs are based upon “need to know” and least privilege and restricted based to specific individuals who are approved and designated in the Logical Access controls. Any access to view, modify, create, copy, delete, move, or report should be logged and reviewed as part of the audit monitoring and analysis process and also part of the monthly security audit reviews. b. Audit Log Access to logs is limited to people and teams that have an approved need to perform their function(s). Every access and search of the logs are logged/documented. The County’s information system shall protect audit information and audit tools from modification, deletion, and unauthorized access. c. Audit Log Retention The County will retain active audit logs (for immediate retrieval) for a minimum of 90 calendar days. All logs should be retained for a minimum of one year whether in an active or archived state. Once the minimum retention time period has passed the County shall continue to retain audit logs until it is determined they are no longer needed for administrative, legal, audit, or other operational purposes. This includes for example retention and availability of audit records relative to Data Practices requests, subpoena, and law enforcement actions. Records Retention #1810 XVII. Audit Monitoring, Analysis, and Reporting The responsible management official shall designate an individual or staff position to review/analyze information system audit records for indications of inappropriate or unusual activity, investigate suspicious activity, investigate suspected policy violations, report findings to appropriate officials and to take necessary follow-on actions as determined by the findings. Audit review/analysis shall be conducted at a minimum once a month. The frequency of review/analysis should be increased when the volume of a County’s processing indicates an elevated need for audit review. The County shall increase the level of audit monitoring and analysis activity within the information system whenever there is an indication of increased risk to County operations, County assets, or individuals based on law enforcement information, intelligence information, or other credible risks. The County’s information system shall provide time stamps for use in audit record generation. The Policy # 3006 Implemented: June 11, 2019 Page 16 of 27 timestamps shall include the date and time values generated by the internal system clocks in the audit records. The County shall synchronize internal information system clocks on an annual basis utilizing industry-approved sources. Logging of County supported systems are configured to provide an audit trail for the following activities (where applicable). However, alerts from network appliances are made from the IPS to members of the Information Technology team. Not all systems used by Washington County are owned by Washington County. Systems that are not owned or managed by Washington County are managed by the Minnesota Judicial Department, MN IT, or MN Counties. For information regarding systems not owned or managed by Washington County contact the Director of Information Technology. Every logged event must have the following associated data: 1. Date and time 2. Device Name 3. User ID 4. Change criteria (from and to) XVIII. Event Monitoring The County will document the types of actions to be taken in response to security alerts and advisories and maintain a monitoring capability that ensures proper notification and actions take place for categorized events. Event monitoring and actions taken based upon alerts for cyber incidents is covered in the Information Technology Incident Response Program. All other events are covered under their respective physical, HR, change management and service desk procedures. XIX. Account and Access Reviews Administrative level access and use will be reviewed a minimum of once monthly. Information Technology performs quarterly and semi-annual access validations with a specific validation of all terminated employees physical and logical access. Full audits of all user accounts occur a minimum of twice annually. User account authorization audits verify proper physical and logical access based upon “need to know” and “least privilege”. Job descriptions and job roles and associated access requirements are re-validated with each new hire into a position and at least once a year by business custodians and position supervisors. Requests for elevated privileges must have a Service Desk ticket electronic audit trail showing when it was approved by both business custodian and the Director of Information Technology. Policy # 3006 Implemented: June 11, 2019 Page 17 of 27 XX. Physical Access Physical Security is handled and managed by Building Services and the Building Security Policy #1018. XXI. Media Sanitation, Destruction and Disposal The purpose of media sanitation and destruction is to render access to data on the device infeasible for a given level of effort. Disposal without sanitation should only be performed when the media without Not Public Data stored or the device is not used to access the same. The county will maintain written documentation on the disposal, destruction and media sanitation of all devices once it is confirmed that record retention requirements have been met. The two types of media covered over this policy are: 1. Hard copy: paper printouts and the supplies associated with producing paper printouts such as physical fax, printer machines, CD writers and CD/DVDs. 2. Electronic (soft copy): data stored on electronic devices including hard disks, SSD, flash memory based devices, spinning hard drive data storage devices, memory cache, mobile phone memory, cloud, etc. Relevant paper copies, CDs, DVDs should be shredded, pulverized or incinerated (to white ash) or placed in secured (locked) boxes for third-party destruction. Shredding bins are located outside of each printer area. The recycling containers placed in each office and near many general area trashcans and printers is not equivalent to shredding. Recycled documents are not shredded. Devices that produce paper copies or transmit copies of data and therefore store the data on the devices logical devices should be wiped prior to returning or allowing service on the device. Wiping of all electronically stored data by the vendor of the machine should be accompanied by a certificate of destruction. Physical media and devices (e.g. back-up tapes, CDs/DVDs) must be securely disposed of using physical means of shredding. For other physical media containing logical chips that may be reused or are too expensive to physically destroy the best practice method using cryptographic erasure (if the media was encrypted) when no longer required using vendor supplied and supplemental tools. Portable media using flash storage on SSD chips should always use a tool or process equivalent to ATA Secure erase per the ATA secure specification. SCSI devices should employ the minimum TCG Opal SSC, Enterprise SSC interface, or the default cryptographic erasure options. Refer to all manufacturer documentation to ensure the correct application and usage of all methods. For networking and mobile devices (i.e. phones, tablets, etc.) the full manufacturer’s reset should be performed. Many devices have a “clear” and not a purge capability. When unsure of the ability to completely erase prior to return, disposal or reuse, consult with the manufacturer. Most mobile devices have default purge with cryptographic erasure Policy # 3006 Implemented: June 11, 2019 Page 18 of 27 capabilities but always consult with the manufacturer to verify and to ensure any cloud backups are treated equally. Physical or logical media that is destroyed, wiped, cleansed or otherwise purged or deprecated must have a certificate of destruction indicating the process and the standard applied. When in doubt refer to the NIST 800-88 standards on the federally compliant method by media type. Following any logical device cleansing or purging manually test by navigating the device (when reasonably possible) to ensure that all identifying data has been removed. XXII. Logical Access User-id and passwords are the keys to access. The most sophisticated security appliances will not be able to stop someone who has gained access via a valid user-id and password. All user-level system access (ex., Network login, e-mail, desktop computer, desktop computer, application system, etc.), must occur through a password-protected account. All Not Public Data systems require a user-id and password. This includes all client sites. All users will keep passwords secure and account sharing is strictly prohibited. Where reasonably possible multi-factor authentication will be applied. New systems will be evaluated based upon their adherence to this policy. Washington County maintains a documented procedure for authorization and authentication for access to all systems including the issuance of authenticators or “tokens”. Access to Not Public Data is controlled and monitored based upon specific “need to know” and least privilege. Logical access is periodically reviewed per this policy. The procedures for provisioning and de-provisioning of authenticator/token distribution including for lost, damaged or compromised authentication mechanisms is located here. For a response to an inquiry for NOT PUBLIC data on a person or persons, refer to Washington County Data Practices Act #1300 and Acceptable Use policy for end-user guidance on logical access controls. XXIII. General User and Administrative Access Where reasonably possible the user-id (and especially IDs with elevated privileges) should not be easily determined using the name of an individual or a device. In all circumstances, the password will bear the majority of weight in protecting the organization. Policy # 3006 Implemented: June 11, 2019 Page 19 of 27 All users will keep passwords secure and account sharing of credentials is strictly prohibited. The County should be aware of and approve of all accounts not assigned to individual users and shared accounts should be discouraged. All software, hardware, and any other appliances installed will have the default password changed upon installation. Wherever reasonably possible the use of the username ADMIN will be changed. Change of password on all endpoint devices will be systematically automated and where not possible to be automated an exception will be logged. Concurrent active sessions (i.e. two sessions using the same login credentials) for a single user is prohibited unless there is formal approval from the Information Technology Director via the Exception Policy. Parameters for such access will be documented and maintained. Individuals with administrative rights will only use those rights as required as a service account identity. Administrative credentials will have the minimum access to perform their function. All general access for day to day applications will use an assigned non- privileged username and password. Under no circumstances are any systems to have embedded, hard-coded usernames and passwords. Automated systems and default access will not be dependent upon a fixed username and password. The following general rules apply for the end user, device and all elevated privilege accounts: 1. Never write passwords down 2. Never send a combination of username and password via email 3. Never tell anyone your password, including over the telephone 4. Never use your password or any form of it as a hint for password recovery 5. Never have the system or any application “remember your password” 6. Be careful of having anyone physically observe you type in your password or use any credential 7. Never use the same passwords for Washington County accounts and personal accounts XXIV. Password Policy standards Strong Passwords will be enforced on all devices. All exceptions should follow the Exception Policy. Devices and applications that do not enforce strong passwords are documented, isolated and have remediating process controls. Standards for logical access controls: Account lockout duration is maximum of 15 minutes, the lockout threshold is a maximum of 5 invalid attempts (minimum required for systems with strong passwords) The reset for the account lockout counter is 30 minutes. Password history is 12. Policy # 3006 Implemented: June 11, 2019 Page 20 of 27 Passwords are reset every 90 days for systems that cannot enforce dual factor or strong passwords; 120 days for dual factor / strong passwords Password aging is 1 calendar day Strong passwords standards that are not auto-generated are the following: o Passwords cannot contain more than three contiguous alphanumeric or special characters as the login name or any other personally identifying information o Passwords should not contain any complete form of personal identifying information. Examples such as the following are not permitted: First name Middle name Last name Pet’s name Children’s name Maiden name or Mother’s last name Social Security number Birthdates of the user or immediate family members Telephone number Driver’s license number License plate o Passwords must be strong: At least 14 alphanumeric characters long for Domain Accounts At least 15 alphanumeric characters long for Local Admin Accounts or the use of Local Admin Password Solution (LAPS) At least 20 alphanumeric characters long for Enterprise Level Admin Accounts At least three of the following: Number Special character Special character (!@#$%^&*) (note that blanks are allowed on many systems as part of a password) Uppercase Lowercase At least 20 alphanumeric characters long for CJDN Accounts and will require all of the following with the addition of no Dictionary words. Number Special character Special character (!@#$%^&* ()_~+) Uppercase Lowercase Include not dictionary words Policy # 3006 Implemented: June 11, 2019 Page 21 of 27 The best protection of a password is to use a passphrase and not a word with additional special characters (protection against the most common dictionary attacks). This is accomplished and easily remembered by using the first letter of each word in the sentence, then replacing one or more of the letters with a special character, upper case, or equivalent. Example of a quality passphrase: I really like working for Washington County Minnesota Stillwater in the Winter = iRlw4Wcm$itW (Do not use this example for your password!) Note: This will be enforced on all systems where the ability to configure exists. It is up to all employees to make sure their passwords meet the Washington County Password requirements for all systems. XXV. User Access Provisioning and De-Provisioning The County has an established process for new user setups, access (job) change requests and terminations. All changes to the user access must go through the Service Desk (Help Desk) and access changes to be approved by the appropriate business custodian (owner) of the information asset(s). ● All New/changed and termination access requests must be submitted through the County Access Request (CAR) Form location on WashNetInformation Technology Page: ● The new hire/contractor/ new user setup is based upon the following principles: o The role and responsibilities of the user o The access necessary by role and department or office for the user to perform the necessary duties of the job o Access to Client/Inmate data, and the level of Client/Inmate data, is based upon a “need to know” basis as determined by: ▪ If the employee does not support the Client/Inmate directly ▪ If the Client engages in secure jobs or has a Not Public Data classification ▪ The supporting role of the employee/contractor (i.e. administration and reporting duties) o Cross training and delegating ▪ If the employee needs periodic access based upon supplementary job duties and personnel failover Any access that supersedes the standard profile for the position roles and responsibilities must be approved by the Director of Information Technology. Policy # 3006 Implemented: June 11, 2019 Page 22 of 27 Logical and physical access authorization and revocation requests must ensure separation of duties. The separation of duties includes approval by the Deputy Director/Department Heads and the service desk. When the access request is an exception to the standard user profile by job role and responsibility the request is elevated to the Director of Information Technology and Information Security for validation. Both parties are required to validate. Additional authorization or approval for highly secure areas must also be approved by both the Information Technology Director and the Director of Building Services. Roles and responsibilities are determined by Human Resources and County Departmental and Office Leadership. XXVI. CJI Storage When CJI is stored, agencies shall establish appropriate administrative, technical and physical safeguards to ensure the security, confidentiality, and integrity of the information. These records shall be stored for extended periods only when they are elements for the integrity and/or utility of case files and/or criminal record files. XXVII. Secure destruction of paper and electronic data Policy All documents containing not public data should be placed in the shredding bins. XXVIII. Network Security The County network security is premised on three core principles: 1. Use diverse equipment (i.e. a “defense in depth” approach) and services to block different types of attacks and perform specific security functions. 2. Traffic Isolation of sensitive systems and networks that contain CJIS and PCI data. 3. Grant only the minimum access necessary to perform a specific role or job function. All firewalls run on a whitelist method, any data traffic that is not explicitly permitted is forbidden. All external network connections and changes to the county’s primary firewall and internet gateway configuration must go through change management unless part of a standard pre-approved process related to job duties. Where CJIS data is in scope the Bureau of Criminal Apprehension (BCA) would have the authority to approve changes (facilitated by the State of Minnesota IT Department or MNIT) Standard changes include minor NAT, ACL, object, and VPN changes. Anything beyond that would require the approval of the change board (New VPN addition, Major ACL changes, outages, new hardware installs, and software upgrades). Policy # 3006 Implemented: June 11, 2019 Page 23 of 27 IPS and IDS are not designed to meet the specific needs of internal security: Neither can secure the internal network from the destructive spread of worms originating from within, such as previously infected laptops that connect directly to the internal network. Host-based IDS and IPS systems cannot provide the security zone segmentation and quarantine functions critical to prevent the spread of worms and attacks within the network. To successfully protect a network from internal security threats an organization must deploy dedicated internal security gateways and firewalls. All County IPS and IDS Logs are managed and maintained by MNIT. See the Washington County IT Secure Configuration Guideline for current configuration and setting requirements. XXIX. Remote Access & Telecommuting a. Remote Access Remote Access of Privileged accounts is prohibited unless explicit approval is obtained from the Information Technology Director and LASO. The primary goals of the remote access security are so that any laptop or mobile device will be very difficult to compromise should it be lost or stolen. All laptops that connect to the corporate network must have the following enabled and validated: 1. Current antivirus installed and running 2. Hard drive encryption 3. Password protected at two levels, hard drive and application level user data was protected from unauthorized users or thieves who lacked the necessary password. All mobile devices that connect to the corporate network must have the following enabled and validated: 1. Password is configured at the lock screen 2. Enrolled in the BYOD program b. Teleworkers/Telecommuters Employees and authorized contract workers who work regularly from remote locations will be provided with the appropriate equipment to perform their job functions. Where personal devices are used appropriate technologies will be deployed to support secure access. The employee is responsible to keep the designated remote location Policy # 3006 Implemented: June 11, 2019 Page 24 of 27 safe and secure, free from physical hazards and logically secure. Any County assets used or taken to the remote work location (or personal assets used for County business) should be maintained and secured in the remote location and not made accessible to others. The County maintains the right to examine the contents of any computer that contains or is thought to contain County data, including any devices that have been purchased by the employee. The County retains the right to remotely inspect the contents of and configuration of any electronic equipment used for the purpose of conducting work on behalf or as an agent of the County. Remote workers and/or Teleworkers using County-owned devices are responsible for bringing County-owned devices into their respective offices or a Washington County facility on a regular basis to receive updates and patches. A device’s prolonged absence from direct Washington County network connection is prohibited. The absences will be monitored and logged by the Information Technology security team. Violations will be reported to the Director of Information Technology. Workers at remote working locations as soon as reasonably feasible shall report any damage or loss of County-owned assets and any assets containing County information to both their supervisor and to the County security. XXX. Local Logical Security Washington County mandates that all endpoint devices must keep the current versions of approved virus screening software enabled on their devices. Users with administrative rights to their computer must not abort automatic software processes that update virus signatures. Virus screening software must be used to scan all software and data files. This scanning must take place before new data files are opened and before the new software is executed. Workers must not bypass or turn off the scanning processes that could prevent the transmission of computer viruses. All devices used for work or containing Not Public Data must consistently employ both hard disk encryption and boot protection through a password. See Encryption section in this policy for further guidance. All endpoint devices will maintain at a minimum supported operating systems and versions of operating systems. County devices will not be authorized to be placed on the network if the operating system is no longer supported to receive current patches and updates. New County-owned devices will use the most current deployable version of the operating system, as established in the County operating system image. If a computer cannot use the most current version of the operating system or will need to use an unsupported version of an operating system then reference Section I of this policy for policy exception procedures. Policy # 3006 Implemented: June 11, 2019 Page 25 of 27 XXXI. Change Management The Change Management process documents the steps necessary to effectively manage planned and unplanned changes and communication of changes to both internal and externally affected communities. The primary purpose of change management is to: 1. Minimize disruptions to the county and consequences of unplanned system outages 2. Enforce compliance and service level agreement requirements for the county and customers 3. To enable the highest level of system availability, confidentiality, integrity, and security 4. Determine and manage the time and cost associated with system changes 5. Ensure the changes align with the overall needs of the county 6. Manage and reduce conflict between changes 7. Measure process improvement changes and/or detect and prevent issues 8. Maintain effective communication through automated approvals, escalations, and notifications A change management process ensures that changes are requested, recorded, evaluated, authorized, prioritized, planned, tested, implemented, documented, reviewed and communicated in a controlled manner. Change management calendars are maintained and communicated for internal and external audiences. All changes to the full lifecycle of enterprise changes, departmental and changes related to customer-facing services must be submitted to the Change Management Process through the RFC (Request for Change) form which can be found on Q:\SHARE\ITIL\Change Management XXXII. Vulnerability Management Vulnerability scanning using industry standard tools or a third party vendor on all devices will take place on a monthly basis and as required by industry, government or vendor vulnerability alerts. The County has committed to an annual security/penetration audit of the internal and customer impacted environment. Application vulnerability scanning and penetration testing may also take place before a major software feature or update. a. Vulnerability Remediation When vulnerabilities are found via an automated tool or vendor process the vulnerability is validated and a risk impact level is assessed. See Change Management/Incident Response Policy for the risk/impact assessment process and the appropriate remediation process is invoked. Policy # 3006 Implemented: June 11, 2019 Page 26 of 27 Some vulnerabilities may exist in systems or applications that are not able to be systematically patched and other mitigating controls to effectively control and mitigate the risk of exploit. In those events an exception ticket is created and the Exception procedure will be invoked. XXXIII. Patch Management The Washington County patch management methodology utilizes a risk-based patch management approach. Patches are applied monthly or based on industry threat intelligence notifications, vendor updates and overall risk. Security patches are reviewed for impact and implemented accordingly. See the Change Management/Incident Response policy for impact analysis and implementation process. XXXIV. Network and Firewall The county network security is premised on four core principles: 1. Use diverse equipment and services to block various types of attacks and ensure layered protection in the event one of the appliances becomes compromised 2. Traffic isolation and segmentation 3. Deny all by default and open only necessary ports 4. Employ independent system level firewalls (including Web Application Firewalls) that limit access to running services The County will practice “defense in depth” by deploying multiple layers of protection for both ingress and egress information flows and ensure its hosting providers, if applicable, do the same. All network configuration changes must go through change management. The primary goals of the remote access security are so that any laptop or mobile device will be very difficult to compromise should it be lost or stolen. In addition the network is an added layer to ensure all assets connected to the county must have the following enabled and validated: 1. Current antivirus installed and running 2. Hard drive encryption Configuration standards for infrastructure, including the network, are located in this policy countyfs\inf\network\A1 XXXV. Third Party Security and Privacy Audits All contracts with third parties that involve third party access to, processing, handling of any County Not Public Data must include a security addendum outlining information security responsibilities with regard to that data. Policy # 3006 Implemented: June 11, 2019 Page 27 of 27 All third parties who have access to, process or handle any County Not Public Data will undergo a vendor risk assessment. The risk assessment will be completed at least annually after the execution of a contract throughout the duration of the relationship with the third party. XXXVI. Incident Response The security risk of both accidental and malicious attacks remains persistent and is increasing in both physical and logical environments. Washington County has established operational incident response mechanisms that include: An operational incident response (IR) plan and procedures that include adequate preparation, detection, analysis, containment, recovery, and user response activities (including mobile operating scenarios); A procedure to track, document, and report incidents to appropriate County officials and/or authorities. As part of the IR plan Washington County will promptly report all validated incident information to the appropriate authorities. Security events, including identified weaknesses associated with the event, will be communicated in a manner allowing timely corrective action to be taken. All employees, contractors and third-party users are made aware via training and IR plan testing of the procedures for reporting the different types of event and weakness that might have an impact on the security of Washington County assets and are required to report any security events and weaknesses as quickly as reasonably possible to the designated point of contact. The County Incident Response Policy is located here. Sources County Board motion on Related laws and policies ● 3001 – Acceptable Use Policy ● 3005 – Information Security Incident Response Policy ● 1005 - Code of Ethical Conduct ● 1018 - Government Center Building Security ● 1300 - Data Practices ● 1810 - Records Retention Schedule ● 5030 – Telework DATE: July 19, 2022 TO: Honorable Mayor and Council Members FROM: Ben Gutknecht, Assistant Planner SUBJECT: Consideration of an Appeal to CD 2022-28, a Variance Request in the LR: Lakeshore District; Variance to the maximum garage floor area for the at 7155 Melville Ct N. Case Number 2022-49. BACKGROUND Brandon and Dawn Kotval, the applicants and property owners of 7155 Melville Court N are requesting consideration of a Variance to allow the total garage floor area to exceed the required 1,000 square feet. The property currently has an attached garage of 853 square feet. Section 31-303 (c) (1) limits the maximum garage are to 1000 square feet. The applicant is requesting a Variance to permit the construction of a 24’ x40’ three-car garage, totaling 1,813 square feet of garage floor area. The Property is located within the shoreland overlay district which requires that total impervious surface does not exceed 25%. Currently, the property has approximately 11% impervious surface, with approximately 11,233 square feet of hard cover on a 102,338 square foot lot. The proposed garage would increase impervious to approximately 12%. On May 25, 2022, the City Planning Commission reviewed a variance application (CD 2022-28) for exceeding the permissible square footage of garage area. At the meeting, the CPC denied the variance request, citing that there were not enough unique circumstances on the Property, the plight of the application was due to circumstances created by the applicant primarily because the applicant d esires more garage area than is allowed by City Code. In summary, the Planning Commission noted that it appeared that the Applicant simply wanted a garage larger than allowed by City Code. This wasn’t a case of unique property conditions restricting the location of a garage. This is more of a policy-level decision. If the City Council desired to allow accessory structures of this size in this area/Zoning District, it would be more appropriate to amend City Code to allow for this size for fairness and equity in application of the rule. The specific request is for consideration of a variance to Section 31 -303 (c) (1) to allow 813 additional square feet to the 1,000 square foot maximum for garage floor area. ANALYSIS State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the ‘practical difficulty’ test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Maximum Accessory Building Square Footage: • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. o The applicants are proposing to use the property in a reasonable manner; detached garages are allowed in the LR zoning district, provided they are compliant with all applicable performance standards. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. o While the applicant did not create the existing 853 square foot attached garage, the plight of the applicant is due to circumstances created by the applicant, as they desire more garage square footage than is allowed by the City Code to accommodate additional storage. o Further, the circumstances affecting the property are not unique to this property alone. The City of Stillwater’s regulations regarding accessory buildings are fairly robust. The most common residential districts, the RA and RB districts limit the total amount of accessory structure square footage to 1,000 square feet and only allow one structure to be used as a private garage, and the other to be a building at a maximum of 120 square feet. There are properties within the City that share similar characteristics to the applicants. The circumstance is not unique to the property. • The variance, if granted, will not alter the essential character of the locality. o The immediate locality consists of similarly sized lots within the LR district, approximately 3 neighboring properties contain more than one detached accessory building that exceed the current requirements. It is likely that majority of these properties constructed the accessory structures prior to adoption to the existing standards and therefore lawful nonconforming protections. Much of the area was originally part of Stillwater Township at time of Development. • Economic considerations alone do not constitute practical difficulties. o The request to increase the allowable accessory building square footage for the construction of an accessory building is not based on economic considerations alone, as it would likely be less of an economic impact to construct an accessory building and follow strict compliance of the zoning ordinance. RECOMMENDATION Staff recommends that the City Council deny the requested increase to maximum accessory building square footage for the construction of an accessory building due the requested variance not being consistent with all the requirements for granting a Variance as described in City code Section 31-208, specifically the lack of unique circumstances on the Property and the plight of applicant is due to circumstances created by the Applicant. ACTION REQUESTED Motion to deny the Variance to Section 31-303 (c) (1) to allow 813 additional square feet to the 1,000 square foot maximum for garage floor area. for property located at 7155 Melville Ct based on the above findings within this report. R U T COURT NORTH STREET NORTH72ND 72ND STREET NORTHHERFORDRD.CT µ 0 230 460115Feet General Site Location Site Location 7155 Melville Ct N ^ To whom it may concern: We, Brandon and Dawn Kotval, submitted an application for a variance to construct a detached garage at our address of 7155 Melville court N in Stillwater. Case Number CD 2022-28. The variance went before the planning committee and was denied. We would like to appeal the denial and request an appearance in front of the council based on the below items: 1) Brandon did call into the meeting to address some of the concerns voiced but was unable to be heard due to some technical difficulties. He is willing to attend the next meeting live. 2) There was a concern voiced from a council member, “That it would be too close to the lake.” If you refer to the map you can see that the proposed garage site is approximately 400 ft from the lake, which is well within the city requirements. 3) Another comment made was “That we don’t need another garage as ours is big enough.” We currently have a two car garage that is 841 square feet. We have a finished bonus room above the garage, which would make it impossible to extend our existing garage. When placing our two vehicles in the garage we are left with little to no storage for any other items. We have built several shelfs in an attempt to maximize our existing garage space but are left with no where to park our: snow removal equipment, 4 wheeler, boat, riding lawnmower, snowmobile and tools as well as trailer that stores all our yard tools and pool supplies. We were looking to park all these items outside but received negative responses from our existing neighbors. Our request is based in trying to keep our property looking nice and not becoming an eyesore for the neighborhood. 4) In the planning report that we received May 20th it asks the question,” Is the property proposed to be used in a reasonable manner?” The zoning department then states. ”The applicants are proposing to use the property in a reasonable manner, detached garages are an allowed use in the LR zoning district. The garage can provide additional storage for vehicles and personal equipment to minimize exterior storage on the property.” We do have additional items we need to store as referenced above. 5) In an attempt to comply with local ordinances we met last year with Graham Tait, the former city zoning administrator. We talked extensively about our property and the percent of hard scape on our lot. According to Graham we are well below the percent that would cause concern, we are actually at 10 %. This provided additional justification to the zoning department, which approved of our request. 6) Since the denial of our request, we have solicited letters from our surrounding neighbors who have approved of our proposed request. 7) In the planning report under findings and recommendations, the zoning department states that our proposed improvement is not inconsistent with the neighborhood it is situated in, and that we conform to the intent of the zoning code. That statement was made based off the fact that our neighbors property adjacent to us at 7150 Melville court N have an attached garage, detached garage as well as a pool house. Our other neighbors property adjacent to us also has a detached 2 car garage as well as a detached three car garage, 12525 72nd st N. There is an additional property on Jackson estates, that has a pole barn on their property ,address 12550 72nd st N. In light of all above we respectfully ask to have the council revisit the variance request we have applied for to build an additional garage. Our fear if this denial stands that we will be in front of the council due to items being stored on our lot which would create an eyesore for all in our neighborhood. If any additional items are needed please let us know so we can attend the next meeting fully prepared to provide all detail needed so a proper decision can be made for all. Thank you for considering our request: Brandon and Dawn Kotval From: Sent: To: Cc: Subject: To the city of Stillwater,Minnesota; We,Philip and Larisa Manger of Stillwater,Minnesota,support Brandon and Dawn Kotval's decision to build a detached garage on their property. Their address 7155 Melville CT N is located adjacently on the southern side of our property at 12525 72 nd Street N. Thank you, Larisa and Philip Manger Sent from my iPhone 1 Thursday, June 2, 2022 6:53 AM Brandon Kotval Dawn Kotval Kotval Garage ' Q illwater ??= -~ Received 216 4th Street North Stillwater Mi'J 5.'i 082 651-430-8800 www.ci.stillwater.mn.us Planning Department ~ Community OQvclopm ..... ,.._ ..... uvpartmcnt PLANNING APPLICATION Planning Commission __ .......:Special/Conditional Use Permit )( Variance ___ Resubdivision ___ Subdivision* ___ Comprehensive Plan Amendment* Case No. ------Date Filed: --- Base Fee: ---- Tech Fee: $25.00 ReceiptNo.:_15\ \Jl ACTION REQUESTED __ ......;Zoning Amendment* ___ Plann ing Unit Development* ___ Certificate of Compliance ___ Lot Line Adjustment ___ Nonconforming Use Change * An escrow fee is also required to offset the costs of attorney and engineering tees. The fees for requested action are attached to this application . The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with an y application . All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required. However, any documents larger than I Ix I 7 must be submitted In paper"'"' ill pdf format. Review tl,e Checklist to tl,e Plan11/11g Admini.stration Applicati011 Form for tl,e complete list of required Items that must be submitted. A11v im:qmolettt tlf1Rlit:11tio11 or :mpporti11g mtrlerittl will t·t111.ve I'""' ttpplic,tlit,n w be reiected h,, /1,e Citl'. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10-day appeal period. Once the JO-day appeal period has ended, the applican t will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project]/ S-5 i/Vld J die.. C'/: JJorf.& Assessor's Parcel No.JO. OJO, 2,0.L:{J ,QU J':( (PIN Nwnber} Complete Property Legal Description*------------------------------- (*Required -Applications will he rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District.· ____ Description of Project D e 1:t,< he& tk ('CL, (µ r.-7 •-1 Cr;. -~jL "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best o.fmy knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used" Required . If other than property owner Property Owner 8 (µM~q'I Dat.at)/1 ,~ L\...l Representative _ _ Mailing Address -21.s r lM< lv.JfL_il__Li) Mailing Address_ ---- City -State -Zip ~f:,f ( t,,0<-t·f-'::0-IM ;J -c;--~c;B).... City -State --Zip _ Telephone No. Email Signature_ Telephone No. Email Signature ---------------- (Signature is required) Design ID: 312952323886 Estimate ID: 20937 How to purchase at the store I. Take this packet to any Menards store. 2. Have a building materials team member enter the design number into the Garage Estimator Search Saved Designs page. 3. Apply the design to System V to create the material list. 4. Take the purchase documents to the register and pay. Estimated Price: r;u;rmr:;;,· Design&Buy·GARAGE How to recall and purchase a saved design at home l. Go to Menards.com. 2. Select the Garage Estimator from the Project Center. 3. Select Search Saved Design. 4. Log into your account. 5. Select the saved design to load back into the estimator. 6. Add your Garage to the cart and purchase. * Today's estimated price, future pricing may go up or down. Tax, labor, and delivery not included. Floor type (COIKl'flf, dlrl, pnel) II NOT bltludecl In allm1ted price, The Roor ty~ J, used lh tile talcul1tion of m1terlah needed. Labor, fouadatloa, steel bt1ms, pain!, tlectrlul, hutlne, phunbillc, and delivery are also NOT iadtlded In eslimltd prln, Thi$ ls 111 Hlilnatr. It Is only for ce-r1l price informallotl. Thil Is aof aa aftu and then ean br no lq1lly blndia1 eGfllraef belwH.11 llae parties basM OIi this tsllmate. The prim 1l1ted llerela ire 111bJed to cll1nat it,pendln,: upoo Ille market condltlOIIS. The prlus sl'lted on this cltl111ate ire nol Rrm for any lime period •nleu ,peclfk1lly written othttwln oa lltls ferm. The avallabllky or materials i1111b}tet t, mveatory condltlon,. Design ID: 312952323886 Estimate ID: 20937 ~- Design&Buy-GARAGE 18 3' .. . . . . ,·f° .. ___ -·--- ~ n·----10·----zs-~---10'---.... 2·6·------10'-----2·s·~ --------------10''-------------- Estimated Price: * Today's estimated price, future pricing may go up or down. Tax, labor, and delivery not included. 24' 'it:T •'.i'l(f. At-0 LA -,,. cJIJ l.(l' Li~ -<-ou,.,o 1/:.> NCH , l<ON Pl-'f: MARreo f RLS17'5? I "E / ----. fOlW I/? tlCH ~/---~~m rwm-o :-::·r /fl ()0 f-(,01 ..,,. "! "' .. ~·,t-1-t.tl'f \"t•· ·l~_c;M-~ • ... ·'; \ \ \.\---·, -/;~•fo·,"'.'f-'!. .,. ·:ri,,·,k \ / / ~~ ,,,{ <I ~ .... ~.,. Jf'--,, ..,..,, 6'o '< .,, ' 6<:> v-c9. ·Oo .._ -I •(b 0.9, _,, --..... .Jc9,, • Sc' 5Pvt-AtC ~I\'>' C'N Ltlf L~JE, t.,·,,.a..., /2 ·~ ll'.Oi ,\.'r t'V.~E:> ~l ;;.,,i., -ORAll'IACI: I\M) u11 ... n EA~rt:•/T I'{£ ,;>.f:C, \..(• Pl/\ r \, -.../ F-,"l t-1 • /7 rn. IRGtl 1't'f ~.f:0 l.!l 5<1:'J. -rOt..t-a., '/>~,• 1~<.lN PIFE MELVILLE COURT N {72ND STllEET COURT N) I I / 84.54 S81°3B'55"»' ---\ . , •_,. (>.'" ':-\...,1• ANf\ urr ,ry ""•flt.'/• f", li'f:C~o pt,., ,. ... , . " ... ·~ .. ,, "' ..... , .... , .. ~~r LAr1-1 , ON LOT LI£··' '., ... DPl\,v~-.j, I\N[1 !.Jrt.n, fl\.:;r.11i:,.,· PEt:> >'Ee~ II.Ai L-?28,0Q r-,.., •r• " :-_· .._'"; .' ,"-' ~-r•,,. I ~& •. • L.-,.., S8t0s1'16"9 ---603_9 , __ _ I ---499.39-__ I N8t06t't6",r I I I : .. :.·.' \ I ~ CERTIFICATION I h,r•by certify that thrs survey. plan or r9port wu ~red by me, or unde, my direct sup1,vlsfon. and tllat I am a duly l.lconsed und Swwyor ..,,d., mt laws of tho SI.Ito ofMINNESoTA. ~· "-;(~ s-2s-·1-& ___ _ LlcwnseNo. 2S718 Project:JC07023A '·'' ~ LEGAL DESCRIPTION SEE SHEE'J' 2 OF 2 FOR FULL LEGAi. DESCRll'TION I I I , I I I I I , 0 1 I , 1 , 1 , ) ' I ' ' ' I CERTIFICATE OF SURVEY FOR: BRANDON KOTVAL 7155 MELVILLE CT. N. STILLWATER, MN 55082 I I '--· ,,~,,._~ Arr vr(1r·f /' I '-:.t/1',.;, Pf,, Pi(,<V r~ I\T •• __ ~ () "' 0 NORTH 50 100 Suitt•! 6 750 Stlllw>lor llvd. N. Sciltwuor. MN 55082 Phono651.27S.8969 F&x651.l7S.8976 d .... CS'IUl"'ttY .net n..n......J ... V CORNERSTONE LANO SURVEYING, INC. SHEET I OF 2 Date: July 19th 2022 To: Mayor and City Council From: Shawn Sanders Public Works Director/City Engineer Re: Approval of Plans and Specifications and Authorization to Bid for Downtown Manhole Rehabilitation Project 2022-05 DISCUSSION The Downtown Manhole Rehabilitation Project consists of lining the sanitary manholes along the river from Elm Street to the Aiple Lift Station preventing outside sources of water from entering into our sanitary sewer system. Bolton and Menk has completed the plans and staff is requesting approval of the plans and specifications and for authorization to bid. Bolton & Menk has prepared the ad for bid and will manage the bid process. Bid opening is scheduled for August 11, 2022 and bid results will be presented to Council at the August 16th meeting. RECOMMENDATION It is recommended that Council approve plans and specifications for the Downtown Manhole Rehabilitation Project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2022- _____ APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE DOWNTOWN MANHOLE REHABILITATION PROJECT City of Stillwater, Washington County, Minnesota Resolution 2022-____ APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR DOWNTOWN MANHOLE REHABILITATION PROJECT WHEREAS, pursuant to a resolution passed by the Council on July 19th, 2022, the City Engineer has prepared plans and specifications for the Downtown Manhole Rehabilitation Project and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at QuestCDN.com the advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and online at QuestCDN.com and shall specify the work to be done, shall state that bids will be received until 10 am August 11th on, 2022, at which time they will be publicly read online, in the presence of the City Engineer. Viewing of will be available at the Stillwater City Hall 216 North Fourth Street, Stillwater, MN 55082. 3. Bids will then be tabulated and will be considered by the Council at their next regular Council meeting on July 26th, 2022, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Council this 19th day of July, 2022. ________________________________ ____ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk DATE: July 19, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Fee Schedule Adjustments BACKGROUND There are adjustments to the fee schedule being proposed. They are summarized below: Liquor License City Council recently passed an ordinance amending the Liquor Licensing due to the 2022 Legislature. One of the changes was to authorizes the City to issue special permits for service of alcohol 30 minutes before, during, and 30 minutes after a scheduled broadcast of a live World Cup match. Only holders of an existing on-sale intoxicating liquor license or 3.2% malt liquor license are eligible for these extended hours. The new law states that local licensing jurisdictions issuing special permits to operate with extended hours may charge a fee up to but not to exceed $250 for a permit. Staff recommends charging the maximum fee of $250 for this permit. Massage Therapy License As stated in the new ordinance, all massage buinesses will need to be licensed by the city and each message therapist assoicated with a business needs to be licensed. All applicants will undergo a background invesigation, meet certain certifcation requirements and meet performance standards. Staff suggests the following fee Annual Message License (business) - $100 annually Massage Therapist (individual) - $15 annually Ice Time Fee Doug Brady has contacted the Hockey Association and communicated that there will be a $5 per hour increase on ice time at the St. Croix Recreation Center. Doug has stated after his conversations with the association, they are amenable to the change. Interim Use Permit Outdoor seating/dining and outdoor events on private property can apply for a interim use permit to address uses that are more of a temporary in nature instead of a permanent use as with Condutional Use Permits. Staff recommends an Application Fee of $250. ACTION REQUESTED Motion to approved the attached Resolution amending the Fee Schedule. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION AMENDING RESOLUTION 2022-004 CITY OF STILLWATER 2022 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2022-004 entitled “Resolution Approving the City of Stillwater 2022 Fee Schedule” on January 4, 2022; and WHEREAS, an amendment on the fee schedule is needed to set the fee for the new small brewer off-sale license; and NOW THEREFORE, BE IT FURTHER RESOLVED by the Stillwater City Council that the City of Stillwater 2022 Fee Schedule is hereby amended to reflect the following: MISCELLANEOUS ADMINISTRATION FEES: Liquor & Tobacco Licenses: Fee Per Year On-Sale Extend Hours for World Cup $250.00 On-Sale 3.2% Malt Liquor Extended Hours for World Cup $250.00 Message Therapist License Establishment License $100/year Individual Therapist License background check $ 15/year ST. CROIX VALLEY RECREATION CENTER RATES: Hourly Rates: Prime Time Non-Prime Time Summer Ice Rec Center Ice $225230/hour $170175/hour $170175/hour Lily Lake Ice $220225/hour $170175/hour $170175/hour COMMUNITY DEVELOPMENT FEES: Fee Planning and Zoning Use Permit Applications Interim Use Permit $250 Adopted by the Stillwater City Council this 19th day of July, 2022. CITY OF STILLWATER _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________________ Beth Wolf, City Clerk DATE: July 14, 2022 TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Utility Bill Adjustment Ordinance DISCUSSION Attached is an Ordinance Establishing a Procedure for Consumer Adjustments to Utility Bills. The ordinance gives the consideration of utility bill adjustments to City staff rather than having the request go to the Utility Commission or the City Council. A panel made up of the Finance Director and the Public Works Director would review the requests and determine an appropriate adjustment, if any. Adjustments. could be made under certain conditions, such as billing errors, water line freeze and water break or malfunctions. RECOMMENDATION Staff recommends that the Council review and approve the Ordinance Establishing a Procedure for Consumer Adjustments to Utility Bills. ACTION REQUIRED If the commission agrees with the recommendation, they should pass a motion approving AN ORDINANCE ESTABLISHING A PROCEDURE FOR CONSUMER ADJUSTMENTS TO UTILITY BILLS. . 1 ORDINANCE NO. _____________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PROCEDURE FOR CONSUMER ADJUSTMENTS TO UTILITY BILLS The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Stillwater City Code Chapter 28, Water Utility, is hereby amended to include a new Section 28-4, Adjustments to Utility Bills, which shall be enacted as follows: Sec. 28-4. - Adjustment to Utility Bills. Subd. 1. Policy and purpose. It is the policy of the city of Stillwater to make adjustments to consumer utility bills where an adjustment is necessary to correct mistakes, equipment failures, or fairly apply the rates and rules. The purpose of this policy is to improve consumer service by enabling city staff to quickly and accurately respond to consumer requests for adjustments to utility bills. Subd. 2. Requests for adjustments. When a consumer disputes a water bill, the consumer may request an adjustment for one of the reasons set forth in subdivision 4. All requests f or adjustments must be made in writing within fourteen (14) days of the date the water bill was sent, addressed to the finance director. Written requests shall state the name of the account holder, service address, contact information and the reason for the requested adjustment. The consumer shall further provide all information requested by the panel deemed necessary to make a determination on the request. Subd. 3. The panel. A panel of two (2) persons, made up of the city engineer/public works director, and finance director, their designees, or two other members appointed by the city administrator, shall determine the amount, if any, of the adjustment to be made. Subd. 4. Adjustments allowed. (1) The panel is authorized to make adjustments to water bills, without prior city council action, for the following situations: (a) Billing error. Where an error has occurred that results in an inaccurate water bill being sent to a consumer, staff shall correct the error as soon as discovered, whether by the consumer or by staff. These adjustments include data recording and entry errors as well as meter failures if tested and found to be inaccurate. (b) Water line freeze. Adjustments to charges when a consumer experiences extraordinary water consumption during a billing period following a water line freeze and the city advised the consumer to leave a drip running during the period of time covered by the water bill. 2 (c) Water break or malfunction. If the panel is shown evidence that the consumer made a good faith effort to address a break or malfunction in a timely manner, then the rate may be adjusted to a lower tier for the billing cycle in question and the winter quarter sanitary sewer average may be re-established to a rate based on usage history. (2) After an adjustment is made by the panel, the bill is due and payable within fourteen (14) days of the panel’s decision. Subd. 5. Adjustments not allowed. The panel will not consider adjustments when a consumer experiences extraordinary water consumption due to a break or malf unction and the consumer has not made a good faith effort to address the break or malfunction in a timely manner or when the appeal is untimely. Subd. 6. Response. The panel shall respond in writing to the request for an adjustment within twenty (20) days after receiving all the information necessary to make a determination on the request. Subd. 7. Appeal from the decision of the panel. If the consumer is not satisfied with the decision of the panel, the consumer may appeal by following the process provided in City Code section 22-10, subd. 3. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 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: An ordinance establishing a procedure for consumers to request an adjustment to their utility bill. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective after its passage and publication according to law. Approved this _______ day of ___________________, 2022. 3 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette - _______________________ 1 Beth Wolf From:ci.stillwater.mn.us Sent:Thursday, July 7, 2022 8:04 AM To:Beth Wolf Subject:FW: 4th of July- Cannons From: Angelique Tretsven Sent: Wednesday, July 6, 2022 11:24 AM To: Stillwater <stillwater@ci.stillwater.mn.us> Subject: 4th of July‐ Cannons [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. _______________________________________________________________________________ My dog does great around fireworks. Have never had an issue with them. And I thought the Stillwater Firework show was going to be a dog friendly event. But the cannons. Those were not good for my dog. Going off throughout the whole show. We had to leave cause I didn't want to put my dog through that. We stayed for maybe 10-15 minutes of the show. And that's being grateful on the length of time. I am not happy about this. I was excited to see the show, and very upset I had to leave early because of the cannons. There was no need for those to go off, at the same time fireworks were. I was told later on, the cannons went off during the entire Firework show. I can't help but to think of any other dog, little kids and/or babies, or military veterans with PTSD who might have been effected by this. I thought it needed to be brought to your attention. The cannons, I understand, are a patriotic symbol, and cool to see. But at some point, they should have stopped firing. It was very unnecessary for them to go off during the entire Firework show. Thank you, Angelique FYI 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 July 12, 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 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. 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 June 14, 2022, and June 21, 2022, County Board meeting minutes. B.Approval to appoint Dan Lindeman to a first term expiring June 30, 2025, as a District 4 representative to the Family Homelessness Prevention Assistance Program Committee. C.Approval to appoint Laurie Levine to a first term as a Business Representative on the Workforce Development Board with the term expiring June 30, 2025. D.Adopt a resolution declaring Washington County's intent to retain a Certified Public Accounting (CPA) firm to perform its annual financial audit. E.Approve an amendment to Grant Agreement No. 12532 with the Minnesota Department of Health to assist in our preparation and response to public health emergencies, which increases the grant award to $195,505, for the period of July 1, 2019, through June 30, 2024. F.Approval of Contract No. 14566 with RSP Architects for FM:Systems software implementation for a maximum one-time cost of $188,572. 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 G.Adopt a resolution of support for Washington County’s application to the Minnesota Historical and Cultural Heritage Grants Program, also known as Legacy Grants, to pursue funds in the amount of $65,000 for restoration of basement windows and doors at the Washington County Historic Courthouse. H.1. Approve Contract No. 14886 with Braun Intertec in the amount of $250,000 for material testing and geotechnical and environmental support services to support the road and bridge construction program. 2.Approve Contract No. 14887 with American Engineering Testing in the amount of $250,000 for material testing and geotechnical and environmental support services to support the road and bridge construction program. I.Approve the Regional Logger Participation Agreement No. 14338 between the Central Minnesota Emergency Services Board and Washington County. 6.9:45 Public Works - Sandy Breuer, Parks Director (item A) - Joe Gustafson, Traffic Engineer (item B) 7. 10:15 Property Records and Taxpayer Services - Christine Piskura, Division Manager A. Appointment of members to the 2022 county canvass board for the State Primary Election. B. Appointment of members to the 2022 county canvass board for the State General Election. A.Accept an Award of Excellence from the Minnesota Recreation and Park Association (MRPA) and an Achievement Award from the National Association of Counties (NACo). B.Approve Cooperative Agreements No. 14939 and No. 14940 between the City of Hugo and Washington County for the ongoing maintenance and construction cost share, respectively, of the traffic signal system and related improvements to be constructed on County State Aid Highway (CSAH) 8, also known as Frenchman Road, at its intersection with Oneka Parkway in the City of Hugo, and maintenance of the nearby inplace traffic signal at Victor Hugo Boulevard. 4.9:10 5. 9:30 Accounting and Finance - Tabatha Hansen, Director A. Adopt a resolution to amend the American Rescue Plan Act 2022 Project Plan. Community Corrections - Terry Thomas, Director A. Adopt a resolution proclaiming July 17-23, 2022, as Pretrial, Probation and Parole Supervision Week. Consent Calendar continued 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 A. Recognition of Amy Larsen and Nate Timm in the Washington County Sheriff's Office for their excellence and leadership. 9. 10:45 10. 11:15 General Administration - Kevin Corbid, County Administrator A. Presentation of 2021 Audit Advisory Committee Report. 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. 11. 12. 11:30 Board Correspondence Adjourn 8. 10:30 Sheriff's Office - Sheriff Dan Starry