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Home My WebLink About2022-07-05 CC MINillwater The Birthplace of Minnesota 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-0 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 products 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 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 supersede 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. Page 2 of 9 City Council Meeting July 5, 2022 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 Chiefs 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. Page 3 of 9 City Council Meeting July 5, 2022 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 Ihre prDpased 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 nd 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 Page 4 of 9 City Council Meeting July 5, 2022 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 Cabin 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 Page 5 of 9 City Council Meeting July 5, 2022 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. Page 6 of 9 City Council Meeting July 5, 2022 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 lune 9th, 2022 - Ordinance lst 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 Readin 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 different 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 Page 7 of 9 City Council Meeting July 5, 2022 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 notification 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 modernize 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 Readin. 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 Page 8 of 9 City Council Meeting July 5, 2022 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 ❑ays 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 ATTE T: Beth Wolf, City Cler 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 Page 9 of 9 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1186 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: Sec. 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. 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. ATTEST: Beth Wolf, City C CITY OF STILLWATER , Tedlowski, Mayor 2 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1187 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 31-207.1, Interim Uses, which shall be enacted as follows: Sec. 31.207.1 INTERIM USES. Subd. 1. 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. Subd. 2. 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. Subd. 3. 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. Subd. 4. 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 Commission shall approve or deny the application. If approved, the applicant shall sign the Interim Use Permit agreeing to all terms and conditions therein. Subd. 5. 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. Subd. 6. 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. Subd. 7. 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. Subd. 8. 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: The application is a renewal of an interim use permit which was previously approved by the Planning Commission; There have been no issues or violations with the existing interim use permit; There are no substantial changes to the interim use permit as determined by the City Planner; The Community Development Department has conducted an administrative review; and 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. Subd. 1. 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. 2 (5) No food or beverages shall be served outside of the seating area. (6) Lighting shall only illuminate the seating area. Lighting levels must not exceed zero foot-candles at the abutting property line. 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. 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 3 AMENDMENT. Stillwater City Code Chapter 31, Article III, Division 3, Section 31-325, allowable uses in non-residential districts is hereby amended as follows: (7) (9) ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP- C BP- 0 BP- I CRD PA PWFD PROS HMU NC Outside eating areas IUP IUP Outside sales or special events$ IUP IUP IUP IUP 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 located on or adjacent to the site Blank cell in table means that the use is NOT allowed. SECTION 4 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 3 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 5 EFFECTIVE DATE. This ordinance shall be in full force and effect from and 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 OTA • ATTEST: Beth Wolf, City -1 Ted Kozlowski, Mayor 4 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1188 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: Sec. 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 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 (3) (i) 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. 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 License Fee: An annual license fee as provided for by City ordinance shall be paid. (g) 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 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. (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. 3 (3) (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. 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. 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. 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. (5) (g) 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. 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. (3) (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 4 (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. Therapeutic massage businesses must maintain general liability insurance covering all aspects of the business operation. (4) Therapeutic massage 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. 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. 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, 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: (3) (5) 5 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 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. 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: (3) (i) 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); 6 (ii) 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 (iii) 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 from and 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 S3JLLWATER , ATTEST: Beth Wolf, City Cler Ted Kozlowski, Mayor 071 7