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HomeMy WebLinkAbout2018-12-04 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING December 4, 2018 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Stillwater Lights Event Application 2. Planning Division Work Plan for 2019‐2022 IV. STAFF REPORTS 3. Water Board Manager 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. – Minar Neighborhood Moratorium Schedule and Scope of Work 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 12. Possible approval of the November 20, 2018 regular meeting minutes. IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 13. Proclamation: Bob Webber – French Legion of Honor medal recipient 14. Swearing in of five (5) new fire fighters – Hunter Duncan, Joseph Forliti, Peter King, David Martin, and Karl Sinclair X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 15.Resolution 2018‐263, directing payment of bills 16.Resolution 2018‐264, approving contract for mowing, snow and ice removal and cleanup services for 2019‐2021 17.Resolution 2018‐265, Possible approval of the second reading of Ordinance 1116, an ordinance amending Chapter 43 regarding liquor of the Stillwater City Code (2nd Reading) 18.Possible approval of the second reading of Ordinance 1117, an ordinance amending the Stillwater City Code Sec. 31‐216, Nonconforming Use Regulations (Larson) (2nd Reading) 19.Possible approval of the second reading of Ordinance 1118, an ordinance amending the Stillwater City Code Chapter 31, entitled zoning ordinance, by amending the zoning map of the city to rezone certain property within the AP – Agricultural Preservation District by adding them to the RA – One Family Residential District (Nelson) (2nd reading) 20.Possible approval of the second reading of Ordinance 1119, an ordinance repealing Chapter 39A of the Stillwater City Code (TAF) (2nd reading) 21.Resolution 2018‐266, granting license to Patricia Wolf for the Operation of Multi‐person Cycle Tours on City Streets in 2019. 22.Resolution 2018‐267, approving assessment appeal waiver agreement for PID No. 2130320430099, Jon Archer and Amy Haugen. 23.Resolution 2018‐268, approving Advance Disposal Services new solid waste, recycling and/ or roll‐off hauler license. 24.Resolution 2018-269, approving Renewal of Tobacco License for Fog-E-Cig. XII.PUBLIC HEARINGS ‐ OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. XIII.UNFINISHED BUSINESS XIV.NEW BUSINESS 25.Possible approval of purchase of unmanned aerial system for Police 26.Presentation Truth and Taxation a.Possible adoption of resolutions for 2019 Budget & Tax Levy (2 Resolutions – Roll Call) 27.Possible approval of 2019 City Council and Boards/Commission Meeting Calendar (Resolution – Roll Call) XV.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI.COMMUNICATIONS/REQUESTS XVII.COUNCIL REQUEST ITEMS XVIII.STAFF REPORTS (CONTINUED) XIX.ADJOURNMENT 2019 SMTWTFS SMTWTFS 12345 12 6789101112 34 5 6789 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 SMTWTFS SMTWTFS 12 1 2 3456 345 6789 78910111213 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 SMTWTFS SMTWTFS 1234 1 567 8 9 10 11 2 3 4 5678 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 SMTWTFS SMTWTFS 1 2 3456 123 78910111213 45678910 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 31 SMTWTFS SMTWTFS 1 234567 1 2345 891011121314 6789101112 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 SMTWTFS SMTWTFS 12 12 3 4567 345 6789 891011121314 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24* 25 26 27 28 24 25 26 27 28 29 30 29 30 31* Board of Water Commission Meeting (8 am) Stillwater Library Board Meeting (7 pm) Holiday - Office Closed JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST NOVEMBER DECEMBER SEPTEMBER OCTOBER Chapter 38 -NUISANCES (Ord. No. 880, § I, 9-21-99) Subd. 2. Public nuisance. Public nuisances are any of the following: (1) A public nuisance is a thing, act, "occupation or use of property which shall: a. Qisturb, injure or endanger the safety, health, comfort or repose of the public. b. Unlawfully interfere with, obstruct or tend to obstruct or tend to render dangerous for passage, a lake, navigable river, bay, stream, canal or basin or a public park, square, street, alley or highway. c. In any way render the public insecure in life or in the use of property. (2) A nuisance also means any substance, matter, emission or - thing which creates a dangerous -or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the city or which is offensive or has a blighting influence on the community and which is found upon or in any street, "alley, highway, railroad right-of-way, vehicle, railroad car, water, excavation, building, erection, lot, grounds or other property located within the city. A nuisance includes: a. Refuse, noxious substances or hazardous wastes lying, pooled, accumulated, piled, deposited, _ buried or discharged upon, in or flowing from any property, structure or vehicle, except for: 1. Refuse deposited at places designated and provided for that purpose by the city council. 2. Refuse stored in accordance with provisions of this Code or vehicle parts stored in an enclosed structure. 3. Reasonable use of compost piles. 4. Reasonable burial of dead animals. From USDept. Of Labor Occupational Health and Safety Administration(OSHA)... Diesel exhaust is a mixture of gases and particulates produced during the combustion of diesel fuel.The very small particles are known as diesel particulate matter(DPM),which consists primarily of solid elemental carbon (EC)cores with organic carbon(CC) compounds adhered to the surfaces.The organic carbon includes polyaromatic hydrocarbons(PAH), some of which cause cancer when tested in animals.Workers exposed to diesel exhaust face the risk of health effects ranging from irritation of the eyes and nose,headaches and nausea,to respiratory disease and lung cancer. Partial List of Chemicals Associated with Diesel Exhaust The following list identifies chemicals commonly associated with exhaust emitted by diesel engines. Chemical names link to the corresponding entry in OSHA's Occupational Chemical Database. • Major Components ,r o Polynuclear aromatic V O Carbon dioxide - hydrocarbons o Carbonnmonoxid - o Acenapthene o Nitrogen dioxide o Acenaphthylene 0 Nitric oxide o ' Anthracene O Particulates not otherwise o Benz[a)anthracene l:Pgulated o Fienzoiblfluoranthene a Sulfur dioxide a Benzo[k]fluoranthene ■ Minor Components } o " Benzo[ghijperylene o Acroleir - o 8enzo[alpyrene p Benzene[related tt_jcpage] o Benzo[e]pyrene o Formaldehyde[related topic o Crysens. page] a Coal tarpitch a 4-Hydroxycoumarin volatiles Erelate took pack O 3'-Hydroxyacetophenone a Coke oven emissions' o 2-Hydroxy-4- o Dibenz[a,hlanthracene methoxyacetophenone o Fluoranthene o Menadione , o Fluorene O 6-Methoxytetraionee ' o Indeno[1,2,3-cdjpyrene O 6-Methylcoumarin o Naphthalene O 3-Methyl-2-cyclopentene-2-ol o Phenanthrene one o Pyrene o Trimethyl4enzene_(mixed_isomers) RESOLUTION 2018-263 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $178,812.82 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 4th day of December, 2018. Ted Kozlowski, Mayor ATTEST : Beth Wolf, City Clerk EXHIBIT "A" TO RESOLUTION #2018-263 Page 1 LIST OF BILLS Accela Inc ESS Annual Ma int. 1,581.10 Advance Auto Parts Equipment repair supplies 88.43 Aspen Mills Uniform -Frank 359.85 Barton Construction Services Desk repair 850.00 Becker Fire Safety Services LLC Fire extinguisher service 512.90 Boyer Trucks Equipment repair supplies 329.54 Brock White Co. LLC Siltsock 228.33 Bro-Tex Inc. Towels 121.77 Burks Tree and Landscape Care Tree Care 2,860.00 Burschville Construction Inc. Everett & Hancock main break repair 4,860.00 CDW Government Inc. HDMI cable 91.44 Century College Training 850.00 Century Link Telephone 91 .32 Century Power Equipment Equipment repair supplies 92.97 Cintas Corporation Mat cleaning service 227 .96 Compass Minerals America Inc Salt 18,151.73 Computer Integration Technologies VIR Planner Project 4,979.00 Coverall of the Twin Cities Commercial cleaning services 540.00 Daleo Janitorial supplies 250.38 Flaherty & Hood P.A Job eval -chief building official 250.00 FleetPride Equipment repair supplies 138.40 Frontier Ag & Turf Fleet repair supplies 416 .06 Fuhr Trenching Sewer line repair 3,400 .00 Gateway Cycle Bicycle maintenance 209 .97 Goodyear Commercial Tire Tires 946.56 Hoisington Koegler Group Inc Professional services 10,122 .87 Hudson Rod Gun & Archery Club Range use 1,100.00 I State Truck Center Equipment repair supplies 415.89 Iceman Industries Inc. Liquid ice melt 2,165 .00 iSpace Environments Equipment repair 280 .00 Junker Brad Reimburse for parking 5.00 Kermits Disposal of Forest Lake Demolition 30 yard box 468 .00 Kohlhaas Alex Mileage 86.07 Lexipol LLC Fire Policy Manual Update Subscription 4,161.00 Loffler Companies Server replacement 7,615.38 MailFinance Inc Postage machine lease 455.01 Mansfield Oil Company Fuel 3,741.31 Marshall Electric Company City Hall lobby conduit 1,152.00 Menards Supplies 194.91 Meredith Nathan Reimburse for food for CISM debriefing 39.45 MN Dept of Labor and Industry License renewal 100.00 National League of Cities Membership 1,533 .67 Office Depot Office supplies 132 .97 Olsen Chain & Cable Inc. Safety equipment 896.84 Pullen Annette Marie Professional services 300.00 EXHIBIT "A" TO RESOLUTION #2018-263 Page 2 Quill Corporation Office supplies 29.99 Rehn Code Consulting Services Plan review 2,660.11 SEHlnc Structural services 144.87 Simplifile LC Filing fee 250.00 Stillwater Motor Company Vehicle service 58.48 T.A. Schifsky and Sons Asphalt 474.38 The Foundation Vmware Workspace ONE Renewal 3,028.20 Titan Machinery Shakopee Equipment repair supplies 101.10 Truck Utilities Inc. Equipment repair supplies 113.91 Verizon Wireless Eng Cell 2,113.41 Waste Management Refund of Overpayment 50.00 Water Works Plumbing & Heating LLC Rec Center main water supply rebuild 1,815.00 Winnick Supply Supplies 7.15 Wold Architects and Engineers City Hall Project 1,681.10 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 1,108.55 Batteries Plus Bulbs Concession supplies 203.40 Canteen Refreshment Services Coffee and supplies for Concessions 1,298.08 Cintas Corporation Mat cleaning service 51.50 Coca-Cola Distribution Concession supplies 1,664.40 Comcast TV Internet & Voice 383.72 Corval Constructors Equipment repair 711.51 Cub Foods Concession supplies 55.40 Daleo Equipment repair supplies 491.80 Holiday Credit Office Fuel 12.82 Ice Skating Institute Memberships 101.00 Loucks Associates Surveying 9,900.00 Nardini Fire Equipment Inspection 102.25 Pepsi Beverages Company Beverages for concessions 357.05 Riedell Shoes Inc. Skates 768.78 Sentry Systems Inc. Alarm monitoring 140.85 Titan Energy Systems Equipment repair supplies 363.08 United Refrigeration Inc Equipment repair supplies 67.03 United Rentals North America Scissor lift rental 616.10 LIBRARY Brodart Co Materials 3,934.07 Cengage Learning Materials 316.68 Cintas Corporation Mat & towel cleaning service 72.24 ECM Publishers Board Vacancy Posting 28.50 Kerschbaum Renovation Painting 7,325.00 Midwest Tape Materials 4,779.46 Minitex RFID 1,197.00 Otis Elevator Company Maintenance 561.00 EXHIBIT "A" TO RESOLUTION #2018-263 Stillwater Medical Group Toshiba Business Solutions ADDENDUM Babcock Matt Becker Fire Safety Services Board of Water Commissioners Met Council Telemetry and Process Controls Verizon Wireless Xcel Energy Adopted by the City Council this 4th Day of December, 2018 New Hire Drug Screening Maintenance Contract Reimburse for work boots Extinguisher service Nov 2018 WAC Nov 2018 SAC Programming Wireless service Energy 10.00 118.74 158.25 230.30 3,861.00 9,840.60 5,000.00 630.42 30,431.46 TOTAL 176,812.82 Page 3   Date: December 4, 2018 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Tobacco License Renewal – Fog E‐Cig DISCUSSION: An application for a renewal of a tobacco license has been received from Mohammad Anas Almasameh for Fog E‐ Cig Stillwater, LLC; DBA: Fog E‐Cig to be located at 1300 Frontage Road W (Valley Ridge Mall). RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, and Finance Departments. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled “APPROVING 2019 RENEWAL OF TOBACCO LICENSE FOR FOG E‐CIG STILLWATER, LLC, DBA: FOG E‐CIG” contingent upon the satisfactory investigation, inspections, from Police, Fire, Building, and Finance Departments   RESOLUTION 2018‐269 APPROVING 2019 RENEWAL OF TOBACCO LICENSE TO FOG E‐CIG STILLWATER, LLC, DBA: FOG E‐CIG WHEREAS, a request has been received from Mohammad Anas Almasameh for a 2019 renewal of a tobacco license for 1300 Frontage Road W (Valley Ridge); and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Tobacco license, the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the tobacco license for Fog E‐Cig Stillwater, LLC, DBA: Fog E‐Cig at 1300 Frontage Road W, Stillwater, MN. Adopted by Council this 4th day of December 2018. ________________ _____________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk ADOPTING THE FINAL BUDGET AND THE COMMITMENT OF CERTAIN REVENUE SOURCES FOR THE FISCAL YEAR 2019 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget appropriations for the fiscal year 2019 are for the following funds as follows: Fund Fund Name Amount 100 General Fund $ 13,491,043 200 Special Events Fund 72,680 202 St Croix Valley Recreation Center Fund 1,693,810 230 Library Fund 1,495,342 240 Parks Fund 1,617,923 251 Community Beautification Fund 15,000 255 Washington County Recycling Fund 35,170 285 Lodging Tax 236,197 $ 18,657,165 BE IT FURTHER RESOLVED, the following general property tax revenues for the fiscal year 2019 are committed to the following funds: Fund Fund Name Amount 100 General Fund $ 7,693,032 200 Special Events Fund 48,000 230 Library Fund 1,288,770 240 Parks Fund 981,623 251 Community Beautification Fund 15,000 $ 10,026,425 BE IT FURTHER RESOLVED, revenues in the form of user fees generated for the fiscal year 2019 by the St Croix Recreation Center are hereby committed to the St Croix Valley Recreation Center Fund for general operations and a portion of debt service. Adopted by the Council this 4 th day of December 2018. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2019 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $13,800,226 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2019. FURTHER BE IT RESOLVED, that the sum of $41,500 is hearby levied against all taxable properties within the WMO (Waste Management Organization) parcel-specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2019. The Levy consists of the following: CITY-WIDE LEVY GENERAL TAX LEVY: DEBT SERVICE TAX LEVY: Fund 312 324 326 327 329 328 Required Levy for 2019 G.O. Capital Outlay 2012A G.O. Capital Outlay 2014 (Armory) G.O. Capital Outlay 2016A G.O. Capital Outlay 2017A G.O. Capital Outlay 20090 G.O. Capital Outlay 201 BA Subtotal New Debt G.O. Capital Outlay 2019 Total Debt Service Tax Levy TOTAL TAX LEVY PARCEL-SPECIFIC LEVY WMO Levy CANCEL LEVY 389 G.O. Sport Facility Revenue 2009C Adopted by the Council this 4 th day of December 2018. $10,026,425 Amount 542,380 85,000 823,830 404,006 326,668 481,864 $ 3,373,801 400,000 $ 3,773,801 $13,800,226 $41,500 Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk NEW LY ElECTE QiFFIC[A l S: 2 019 LE A DE RSHIP CO N FE REN CE ·A u E O F M IN N ESO TA C I T I ES THE ELECTION IS JUST AROUND THE CORNER! Help you new mayors and councilmembers get a good start at the 2019 Leadership Conference During this two-day crash course in effective governance, newly elected officials will learn essential leadership skills to help them do their job well, including: • How to be effective in their new city role • Ins and outs of city taxes and budgets • How to comply with the Open Meeting Law and data practices • And much more! Plus, newly elected officials will create connections with other city leaders from across the state and meet League staff. --0 Registration opens soon! Find out more about this conference-and access resources to help your newly elected officials with good governance-at www.lmc.org/goodstart. CONFERENCE DATES & LOCATIONS: Jan. 25-26 Mankato Feb. 1-2 Plymouth Feb. 22-23 Brainerd 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 4, 2018 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Stillwater Lights Event Application 2. Planning Division Work Plan for 2019‐2022 IV. STAFF REPORTS 3. Water Board Manager 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. – Minar Neighborhood Moratorium Schedule and Scope of Work 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 12. Possible approval of the November 20, 2018 regular meeting minutes. IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 13. Proclamation: Bob Webber – French Legion of Honor medal recipient 14. Swearing in of five (5) new fire fighters – Hunter Duncan, Joseph Forliti, Peter King, David Martin, and Karl Sinclair X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 15. Resolution 2018‐263, directing payment of bills 16. Resolution 2018‐264, approving contract for mowing, snow and ice removal and cleanup services for 2019‐2021 17. Resolution 2018‐265, Possible approval of the second reading of Ordinance 1116, an ordinance amending Chapter 43 regarding liquor of the Stillwater City Code (2nd Reading – Roll Call) 18. Possible approval of the second reading of Ordinance 1117, an ordinance amending the Stillwater City Code Sec. 31‐216, Nonconforming Use Regulations (Larson) (2nd Reading – Roll Call) 19. Possible approval of the second reading of Ordinance 1118, an ordinance amending the Stillwater City Code Chapter 31, entitled zoning ordinance, by amending the zoning map of the city to rezone certain property within the AP – Agricultural Preservation District by adding them to the RA – One Family Residential District (Nelson) (2nd reading – Roll Call) 20. Possible approval of the second reading of Ordinance 1119, an ordinance repealing Chapter 39A of the Stillwater City Code (TAF) (2nd reading – Roll Call) 21. Resolution 2018‐266, granting license to Patricia Wolf for the Operation of Multi‐person Cycle Tours on City Streets in 2019. 22. Resolution 2018‐267, approving assessment appeal waiver agreement for PID No. 2130320430099, Jon Archer and Amy Haugen. 23. Resolution 2018‐268, approving Advance Disposal Services new solid waste, recycling and/or roll‐off hauler license XII. PUBLIC HEARINGS ‐ OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 24. Possible approval of purchase of unmanned aerial system for Police 25. Presentation Truth and Taxation a. Possible adoption of resolutions for 2019 Budget & Tax Levy (2 Resolutions – Roll Call) 26. Possible approval of 2019 City Council and Boards/Commission Meeting Calendar (Resolution – Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT for the lighted archway is approximately $2.60/day. If the event operates from December 10, 2018 to March 31, 2019, the electric cost is estimated to be approximately $300 (112 days x $2.60/day = $291.20). The Chamber of Commerce estimates the cost of materials for construction of the archway and lights to be $30,000-$35,000. RECOMMENDATIONS The Parks Commission reviewed the event application at its meeting on Monday, November 26, 2018 and recommended approval of the event including a waiver of the event fees and City payment of the electricity costs for the lighted archway. City staff recommends approval of the Stillwater Lights event in Lowell Park from December 10, 2018 through March 31, 2019, including a waiver of the event fees and City payment of the electricity costs of the lighted archway with the following conditions: -All state and local electric and life safety codes for the lighted archway structure must be met. -The event organizer must meet with City staff to determine final location of the lighted archway structure within Lowell Park. -The event organizer is responsible for removal of the lighted archway structure by April 15, 2019. -No buildings or other structures will be located in Lowell Park in conjunction with the event. -If flood conditions on the St. Croix River occur during the event duration, the event organizer will work with City staff to relocate the lighted archway as may be necessary. -The event organizer is responsible for damages to Lowell Park infrastructure caused by location of lighted archway structure. -The event organizer shall maintain liability insurance for the event during and name the City as an additional insured. -A Stillwater Lights event agreement between Chamber of Commerce and the City must be signed. As the Stillwater Lights event is anticipated to assist in promoting tourism and provide economic benefits to the Stillwater community, the City Council may wish to consider a reasonable one-time contribution to the initial purchase cost of construction materials for the archway and lights. If the City Council considers a one-time funding assistance for the Stillwater Lights event, an appropriate funding source would be the Special Events or Community Beautification fund. ACTION REQUESTED If City Council concurs with the Parks Commission and staff recommendations, the Council should pass a motion to approve the Stillwater Lights Event Application with conditions and any financial contributions. Staff will finalize provisions of an Agreement between the Chamber of Commerce and the City of Stillwater for the Stillwater Lights Event based upon Council approval for final review and adoption at the December 18, 2018 City Council meeting. Tom McCarty From: Sent: To: Subject: Attachments: Tom McCarty Thursday, November 29, 2018 8:41 AM Tom McCarty FW: Stillwater Lights UGHTS .pdf From: Robin Anthony [mailto:director@greaterstillwaterchamber.com ] Sent: Wednesday, November 28, 2018 3:33 PM To: Beth Wolf <bwolf@ci.stillwater.mn.us> Subject: FW : Stillwater Lights Here is a high level cost for material. Lights would be an additional 10-lSK. We are not asking for the city to pay the entire cost, but some. Businesses would have to provide sponsorships as well. Hope that helps. Robin 1 <!)NEILL ELECTRIC INC Ph: 6 5 1-342-09 0 6 I a shley@o nei ll electricm n.co m Customer: Robbi n Robbin Address: Contact: Phone: Email: JOB ITEMS Material only for arches • 1-1 /4" EMT x 7,000'/ $1 2,962 .00 • 1-1/4" couplings x 450/ $570 .00 • 1 foot by 1 foot steel plate x 74/ $2250 .00 • 4" carriage bolts x 300/ $400.00 • wing nuts x 300 /$300.00 • washers x 600 / $100.00 Material only for power • 8 W/R GFI • 8 W/R receptacles • 8-2 gang red dot • 8-2 gang in use covers • 4 receptacle stands • 16 receptacle splitters. • 1000' of 10/4 S.O. cord TERMS & CONDITIONS Job Name: Stillwate r lights Jobsite Address : TOTAL ESTI fVl /.\TE 1 1/20/2018 SID#: 1811041 Prepared By: Dan O'Ne ill $16,582.00 $2,450.00 $19,032.00 Quote is valid for (90) days from above date. Once accepted, payment is due within 30 days of completion of work. Check, Credit Card (2.75% fee) and Cash accepted. Acceptance of Proposal: The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified . Payment will be made as listed above. powered by @       200 Chestnut St E, #204 Stillwater, MN 55082  651‐439‐4001  www.GreaterStillwaterChamber.com  Bridging Business & Community November 20, 2018    Stillwater City Council   City of Stillwater  216 North 4th Street  Stillwater MN 55082    Dear Council Members:    With the absence of the Ice Castles this year, several businesses are concerned about revenue loss and  are exploring ways to manage that challenge during the upcoming winter months. A few businesses  have come together and are making‐an‐effort to implement a light attraction which we are currently  calling, Stillwater Lights. The group is seeking permission to build a metal tunnel complete with LED  lights on display in Lowell Park. This attraction would add a beautiful background for pictures and fun for  families to walk through.  This could be the first phase of a much larger attraction in the future if it is  successful. The Chamber’s role in this project is to assist with the coordination for the businesses.    Considerations for the City of Stillwater     1. Approval of the concept and event application   2. Park and electric fees waived  3. City funding to assist with the purchase of the products needed to build  4. City support and marketing of the project    Thank you for your consideration.      Robin Anthony  Executive Director    cc: Mr. Tom McCarty, City Administrator        Ms. Beth Wolf, City Clerk       Chuck Dougherty, Water Street Inn       John Koch, Portside       Sandy Nichols, JaguarBlu       Brad Glynn, Lift Bridge       Frank Fabio, Maple Island       Jaisa Riemenschneider, St. Croix Marketing       Andrew Riemenschneider, AMEC Home Loans       Larry Lorenzo‐Loyer, Rivertown Inn       Dan O'Neill, O'Neill Electric       Ashley O'Neill, O'Neill Electric       Christie Rosckes, Discover Stillwater    Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will .any signs/banners be put up No [&I Yes D Number and size: Will there be any inflatables? No I&] Yes D Insurance certificate /ram rental vendor is required Will there be entertainment? No [&I Yes D What type: Fees far electricity may apply see Instructions Will sound amplification be used? No I&) Yes D Hours and Type: Will a stage or tent(s) be set up? No [81 Yes D Dimensions: Will there be temporary fencing? No I&] Yes D Will merchandise/food items be sold? No jg] Yes D How many Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No I&] Yes D Contact Wash ington County Health Department, 651-430-6655 Will cooking operations be conducted? No jg] Yes D Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No I&] Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No [ZI Yes D See Alcohol Regulations in the Instructions Will there be a fireworks display? No I&) Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Lot 9 and Lot 5 Describe level of advertisement (le, radio, flyers , ads , tv, press release). Attach sample if available Press Release , Social Media, possible ads City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map . City Streets or Right-of-way No [&I Yes D Start/End Time: Date : City Sidewalks or Trails No [&I Yes D Start/End Time: Date: Public Parking Lots or Spaces No [81 Yes D Start/End Time: Date: Will event need barricade(s)? No I&] Yes D Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No [81 Yes D Number needed : Fees may apply see lnstructi ns DATE: November 29, 2018 TO: Mayor and Council Members SUBJECT: Planning division work plan FROM: Bill Turnblad, Community Development Director INTRODUCTION The planning division of the community development department will be involved in a wide spectrum of projects in the next several years. The public works department will take lead on some of the projects, and the planning division will take lead on others. The project list includes some that are approved and funded, some that are in the Capital Improvement Plan but not funded, some that are mandated by the state, some that have been requested by the City Council, some from the 2008 Comprehensive Plan, some that would require additional staff if implemented, some from approved park plans, some that have been identified by the Planning Division. To manage resources necessary to accomplish the list of projects, a draft four year work plan has been developed. The timeline for a few of the projects is set by the state, other entities, or funding sources. For these projects there is not much flexibility in the schedule. However, for most of the projects, timing is flexible. Therefore, it is expected that the attached draft work plan will be revised, likely several times, before it is used to assign work to the planning staff. COMMENTS Like the City’s Capital Improvement Plan, a number of the projects in this work plan are not yet funded. So, like the CIP, this work plan serves in part like a guide. While it would be great to complete each project in the year that it is listed, that probably will not happen. But, simply by being on the work list, the projects will not be forgotten. Project scopes have not been established yet, so the time resources shown in the draft plan are only estimates. As each project is considered for approval in an operating or capital budget in the next year, the scope will be defined and the actual cost in time will become clearer. Since the 2040 Comprehensive Plan is still in the process of being reviewed, its projects are not included in the work plan yet. Only the state mandated zoning code update is Planning Division work plan November 29, 2018 Page 2 included. And the Chestnut Street Plaza is included because $2 million in State funding is available for the project. A summary of the higher profile projects by year: 2019 – Sign ordinance amendment; adoption of 2040 Comp Plan; develop GreenStep Cities work plan; create new development ordinance(s) for the Minar Neighborhood; design the riverwalk and shoreline restoration south of Nelson Street; develop a master park plan for the Aiple property; construct park improvements for the former Palmer property (2019-20) 2020 – Design Chestnut Street Plaza; construct riverwalk and shoreline restoration; construct park improvements for former Aiple property; create remodeling plans for Bergstein buildings; consider creation of housing maintenance and rental property ordinances 2021 – Construct Chestnut Street Plaza; design improvements in Bridgeview Park; design pedestrian improvements for Commercial Street between 2nd Street and Main Street REQUESTED ACTION The goal at the December 4, 2018 work session is for the Council to discuss the draft work plan and give direction for revisions. bt Attachments: 2019-22 Work Plan Planning Department Work Plan 2019-2022 Project Resources Project Resources Project Resources Project Resources 1. Improve economic development web presence CDD's time (5-10 hrs)1. Chestnut Street plaza and Main St design (CDD L, w CP) CDD's time (40-60 hrs) + CP's time (30-40 hrs) + design consultant (50% MnDOT funding; $70K City unfunded) 1. Chestnut Plaza and Main Street improvements (CDD L, w CP) CDD's time (40-60 hrs) + CP's time (40-60 hrs) + PW's time + construction manager (in 2021 CIP; $2 million available from MnDOT) 1. Parking ramp construction on 2nd between Olive and Chestnut CDD's time (100-120 hrs) + construction manager (In 2022 CIP, but unfunded) 2. Escrow tracking system CDD's time (20-25 hrs)2. Update city code + zoning map for consistency w Comp Plan (2019-20) CDD's time (60-80 hrs)2. Design of parking ramp on 2nd between Olive and Chestnut CDD's time (60-80 hrs)+ design consultants (in 2022 CIP, but unfunded) 2. Commercial Street pedestrian improvements CDD's time (50-80 hrs) + PW's time + construction manager (In 2022 CIP, but unfunded) 3. Sign ordinance amendment CDD's time (35-45 hrs)3. Housing maintenance ordinance (CDD L, w ZA) CDD's time (20-25 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 3. Bridgeview Park design CDD's time (30-50 hrs) + design consultants (in 2022 CIP, but unfunded) 3. Bridgeview Park improvements (with Public Works) CDD's time (30-50 hrs) + PW's time + construction manager ($4 million in 2022 CIP, but unfunded) 4. MnDOT license for use of Chestnut St CDD's time (10-15 hrs)4. Rental ordinance (CDD L, w ZA) CDD's time (20-25 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 5. Formalize complaint procedures (ZA L) CDD's time (15-20 hrs) + ZA's time (30-40 hrs) + PD time 5. Riverwalk construction monitoring (2019-20, Public Works L) CDD's time (10-15 hrs) + PW time + construction manager (50% state bond; 50% TIF) 6. Update zoning code + zoning map for consistency w Comp Plan (2019-20) CDD's time (50-70 hrs) 7. Riverwalk design & construction asst (2019-20, Public Works L) CDD's time (10-20 hrs) + City engineer's time + construction manager (50% state bond; 50% TIF) 8. 2040 Comprehensive Plan (2017-19) CDD's time (20-40 hrs) + consultant time (funded) 9. Downtown parking capacity study (w ZA) CDD's time (10-15 hrs) + ZA's time (15-20 hrs) + consultant time (funding: parking enterprise fund) 10. Expand municipal lot 16, asst (Public Works L) CDD's time (10-15 hrs) + PW's time (2019 CIP, parking entpr fund) 11. GreenStep Cities Program: develop 2019-21 work plan (ZA L) CDD's time (10-20 hrs) + ZA's time (30-40) + Sustainable Stillwater 1. Update planning case database (more user friendly search options) CP's time (5-10 hrs) + programming consultant (unfunded) 1. Bergstein building design and remodeling (2020-21, CP L w ZA) CP's time (20-35 hrs) + ZA's time (10- 15 hrs) + construction manager (In 2020 CIP, but unfunded) 1. Bergstein building design and remodeling (2020-21, CP L w ZA) CP's time (40-60 hrs) + ZA's time (20- 30 hrs) + construction manager (In 2020 CIP, but unfunded) 1. Lowell Park/Sam Bloomer design CP's time (30-40 hrs) + consultant (unfunded) 2. Minar Neighborhood ordinance amendments (2018-19) CP's time (30-40 hrs)2. Chestnut St plaza & Main St design (CDD L) CDD's time (40-60 hrs) + CP's time (30-40 hrs) + design consultant (50% MnDOT funding; $70K City unfunded) 2. Chestnut Plaza and Main Street improvements (CDD L) CP's time (40-60 hrs) + CDD's time (40-60 hrs) + PW's time + construction manager (in 2021 CIP; $2 million available from MnDOT) 2. South Main Archaeological Preservation & Interpretation Plan CP's time (15-20 hrs) + consultant (unfunded) 3. Business plan for Bergstein bldgs. CP's time (30-40 hrs) + consultant ($15K budgeted) 3. Consolidate historic preservation design standards CP's time (40-50 hrs)3. Commercial street pedestrian improvements design CP's time (40-60 hrs) + design consultants (unfunded) 3. Teddy Bear Park Barn – Historic structure report CP's time (15-20 hrs) + consultant (unfunded) 4. Hwy 95 south entrance monument design CP's time (25-30 hrs) + design consultant (in CIP 2019, but unfunded) 4. Host 2020 State Historic Pres Conference CP's time (40-60 hrs)+ HPC time 4. Update Heirloom Homes website CP's time (30-40 hrs) + consultant (unfunded) 5. Update HPC enabling ordinance (2018-19) CP's time 5. Assess and repair Sunken Garden CP's time (20-30 hrs)+ design consultant + construction manager (unfunded) 5. Aiple property park development (w Public Works) (2020-21) CP's time (40-60 hrs) + PW's time + construction manager (with Public Works)(In 2020 CIP, but unfunded) 6. Hersey Bean wall stabilization CP's time (15-20 hrs) + consultant (unfunded) 6. Palmer Park improvements (Public Works L) CP's time (15-20 hrs) + PW's time + contractors ($75K in 2020 CIP) 7. Aiple property master park plan CP's time (40-60 hrs) + consultant time ($35K budgeted - CD prof services + park dedication funds?) 7. Aiple property park development (2020- 21) CP's time (30-60 hrs) + PW's time + construction manager (In 2020 CIP, but unfunded) 8. Lowell Park Pavilion - historic structure report CP's time (15-20 hrs) + consultant (unfunded) 8. Hwy 95 south entrance monument construction (CP L w ZA) CP's time (10-15 hrs) + ZA's time (10- 15 hrs) + construction management? (in CIP 2019, but unfunded) 9. Palmer Park improvements (Public Works L) CP's time (10-15 hrs) + contractors ($50K in 2019 CIP) 10. Stormwater ordinance amendment (2018-19) CP's time (20-30 hrs) 2022 Community Development Director 2019 City Planner 2020 2021 November 28, 2018 Planning Department Work Plan 2019-2022 1. Create tracking system for land use enforcement ZA's time (20-15 hrs)1. Bergstein building design and remodeling (2020-21, CP L) CP's time (20-35 hrs) + ZA's time (10- 15 hrs) + construction manager (In 2020 CIP, but unfunded) 1. Bergstein building design and remodeling (2020-21, CP L) CP's time (40-60 hrs) + ZA's time (20- 30 hrs) + construction manager (In 2020 CIP, but unfunded) 1. GreenStep Cities Program ZA's time + Sustainable Stillwater 2. Formalize complaint procedures (2018-19, ZA L w CDD) ZA's time (30-40 hrs) + CDD's time (15-20 hrs) + PD's time 2. GreenStep Cities Program ZA's time + Sustainable Stillwater 2. GreenStep Cities Program ZA's time + Sustainable Stillwater 3. Aiple property vegetation management plan ZA's time (15-20 hrs) + consultant (underfunded: $7.5K budgeted; $17.5K estimated need - BCWD possible funding source) 3. Housing maintenance ordinance (CDD L) CDD's time (20-25 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 4. GreenStep Cities Program: Develop 2019-21 Work Plan (ZA L, w CDD) ZA's time (30-40 hrs) + CDD's time (10-20 hrs) + Sustainable Stillwater 4. Rental ordinance (CDD L)CDD's time (22-258 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 5. Downtown parking capacity study (2018-19, CDD L) ZA's time (15-20 hrs) + CDD's time (10-15 hrs) + consultant time (funding: parking enterprise fund) 5. Hwy 95 south entrance monument construction (CP L) CP's time (10-15 hrs) + ZA's time (10- 15 hrs) + construction management? (in CIP 2019, but unfunded) 6. Private event tracker system (ZA L, w AA) ZA's time (5-10 hrs) + AA's time (5- 10 hrs) 7. Short Term Home Rental ordinance revisions (ZA L, w AA) ZA's time (10-15 hrs) + AA's time (5 hrs) 1. Private event tracker system (ZA L) ZA's time (5-10 hrs) + AA's time (5- 10 hrs) 1. Old file management AA's time 2. Laserfiche links to sign and misc permits AA's time (60-70 hrs)2. Digitize remainder of Architecture Inventory Records and Rivertown Restoration files AA's time (80-100 hrs) 3. Digitize CPC and HPC packets AA's time (40-50 hrs) 4. Old file management AA's time 5. Short Term Home Rental ordinance revisions (ZA L) ZA's time (10-15 hrs) + AA's time (5 hrs) Notes: 1. This work plan does not generally include work from the 2040 Comp Plan yet. Exceptions are the mandated update of City Code and zoning map within 9 monts of Comp Plan adoption, and the Chestnut Street plaza 2. Project scopes and time allotments are rough estimates. More detailed project scopes will be necessary. 3. CDD = Community Development Director; CP = City Planner; ZA = Zoning Administrator; AA = Administrative Assistant; L = leads the project team; PD = Police Department; PW = Public Works Zoning Administrator Administrative Assistant November 28, 2018 COMMUNITY DEVELOPMENT DEPARTMENT STAFF MEMO MEETING DATES: December 4, 2018: City Council December 12, 20018: Planning Commission TO: Mayor Kozlowksi and City Council members Chairman Collins and Planning Commission members FROM: Abbi Jo Wittman, City Planner Bill Turnblad, Community Development Director REGARDING: Minar Neighborhood Moratorium Proposed Schedule and Scope of Work BACKGROUND As part of the 2040 Comprehensive Plan update process, the City had to look at how it guides development in the areas annexed into the City in 2015. Assessing the development potential of the established Minar Neighborhood, preliminary engineering assessment determined the cost of extending urban services (sewer and water) to the properties would not be financially feasible for the City. While there is an option for the City to install the services (at a cost of close to $3,000,000) and the City assess the property owners, 73.5% of the property owners surveyed in the neighborhood indicated they are not favorable to being able to split their lot. With some interest for the potential of higher density development in this neighborhood, but no urban services, the City Council enacted a moratorium (CPC Case No. 2018-53) on developments in the Minar neighborhood. The moratorium was effective October 5, 2018; the moratorium gives the City one year to determine what type land use is most appropriate in this neighborhood. Minar Neighborhood Moratorium Proposed Schedule and Scope of Work, page 2 of 3 To the date of memo development, the draft 2040 Comprehensive Plan guides this neighborhood as Rural Residential as the Metropolitan Council has indicated the City of Stillwater may allow for the large-lot, single family residential neighborhood to be guided for low-density (1-4.4 units per acre) residential development. However, the City does not have a corresponding zoning district for the Rural Residential classification; in other words, there are no standards or specifications for what type of development and uses are appropriate in Rural Residential areas. Throughout moratorium discussions, two alternatives were presented: continue to keep all properties as 2.5 acre parcels or to allow for one-acre lot splits. Community Development Department staff is beginning the process of defining alternatives for what this Rural Residential neighborhood will look like in the future. While this is anticipated to occur through April, 2019, the leg work for zoning district creation will occur between now and February, 2018. ORDINANCE DEVELOPMENT SCOPE OF WORK The tentative Ordinance Development scope of work and schedule is, as follows: Timeline Task Action/Outcome December, 2018 Consult with interested agencies and organizations (BCWD, Stillwater Township Board, and WA County Public Health) Conduct Adjacent Community Research Discuss concerns with alternative scenarios Identify and cross-compare uses and standards for Afton, Bayport, Grant, Lake Elmo, Oak Park Heights, and Baytown, May, Stillwater, and West Lakeland Townships January, 2019 Host Resident Input Listening Session Present research findings to residents. Gauge resident sentiment of lot splits. Determine standards and uses most desirable by residents February, 2019 Draft Rural Residential zoning district standards and uses Host Resident Input Listening Session Finalize draft set of massing and setback standards, as well as allowable uses Gain feedback on draft Rural Residential zoning district March, 2019 Begin Zoning Text Amendment Proceedings March 20th: Planning Commission Public Hearing April, 2019 Finalize Zoning Text Amendment Finalize the draft Comprehensive Plan with the Rural Residential future land use classification April 16th: City Council Public Hearing The City will update the Comprehensive Plan to reflect detail of the Rural Residential zoning district. Minar Neighborhood Moratorium Proposed Schedule and Scope of Work, page 3 of 3 POST-ORDINANCE DEVELOPMENT WORK Submittal of the 2040 Comprehensive Plan to the Metropolitan Council is slated for May, 2019. Prior to the City Council’s October 1, 2019, meeting, the City will have had to rezone the properties in accordance with the City’s zoning code and comprehensive plan. It is anticipated the rezoning will follow the attached schedule: August, 2019: Planning Commission Public Hearing August/September: Joint Board Meeting September, 2019: Council Public Hearing ELECTED AND APPOINTED OFFICIAL INPUT Staff is seeking input from members of the Stillwater City Council and Planning Commission prior to the Ordinance Development phase. 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES November 20, 2018 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:06 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Nason Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad City Clerk Ward City Clerk Wolf Mayor Kozlowski noted this is City Clerk Ward’s last City Council meeting after 22 years. PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the October 16, 2018 closed session minutes and the November 13, 2018 regular and recessed meeting minutes Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve the minutes of the October 16, 2018 closed session and the November 13, 2018 regular and recessed meeting. Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution 2018‐250, Certificate of Appreciation Retirement – Diane Ward, City Clerk Mayor Kozlowski presented a Certificate of Appreciation commending Diane Ward for her dedication in serving the City and citizens of Stillwater faithfully, efficiently, ethically and courteously for 22½ years. He enumerated Ms. Ward’s skills, thanked her for running the elections so smoothly, and expressed great appreciation for all her contributions to city government. Ms. Ward shared her perspective of working in municipal government for 37 years with 22½ years being at Stillwater. She expressed that she will always be thankful for the opportunities, the City Council Meeting November 20, 2018 Page 2 of 4 coworkers and friends, election judges, residents and business owners that she has had the pleasure to work with. Councilmember Polehna called in from Montana on speaker phone to express his appreciation for everything Ms. Ward has done for the Council and the City. City Councilmembers voiced their esteem and gratitude. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2018- 250, Certificate of Appreciation to Diane F. Ward. Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski Nays: None OPEN FORUM There were no public comments. STAFF REPORTS City Administrator McCarty reminded the Council of a reception in City Clerk Ward’s honor November 30 at City Hall; the Truth in Taxation meeting December 4; and the League of Minnesota Cities and Metro Cities regional meeting November 29 in Brooklyn Center. He informed the Council that the new contract option for retiree health insurance, known as Senior Gold, was well received at a meeting of retirees. He also advised that some of the tall light standards Downtown will be cut off at 6 feet high by Xcel Energy in preparation for their removal due to deterioration. City staff will work through alternatives with Xcel Energy. CONSENT AGENDA Resolution 2018‐251, Directing the Payment of Bills Resolution 2018‐252, approving Renewals of On‐Sale, Off‐Sale, Club, Wine, Wine With Strong Beer, Sunday On‐Sale, On‐Sale 3.2%, Off‐Sale 3.2%, Micro Brewer Off‐Sale, Micro Brewer Tap Room, Micro Brewer Tap Room Sunday Liquor Licenses And Tobacco Licenses For 2019 Resolution 2018‐253, resolution designating polling locations within the City of Stillwater, Minnesota for 2019 Resolution 2018‐254, renewal for Towing License for 2019 Resolution 2018‐255, approving new solid waste, recycling and/or roll‐off hauler licenses Resolution 2018‐256, adopting delinquent sewer charges Project No. 0001 Resolution 2018‐257, adopting delinquent solid waste bill charges Project No. 0002 Resolution 2018‐258, approval of 2019 medical and dental insurance rates Resolution 2018‐259, approving application to conduct off‐site gambling American Legion Post 48 Resolution 2018‐260, approving the Officer/Partner change for the Ziggy’s LLC, dba: Ziggy’s for the On‐Sale & Sunday Liquor Licenses Resolution 2018‐261, approving Nationwide Retirement Solutions (NRS) 457(b) plan change in the guaranteed minimum interest rate in the fixed annuity contract effective January 1, 2019 Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt the Consent Agenda. City Council Meeting November 20, 2018 Page 3 of 4 Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of resolution appointing new Finance Director City Administrator McCarty reported that following a recruitment and interview process, staff recommends the appointment of Sharon Provos as Finance Director effective December 20, 2018. He stated Ms. Provos has been the Finance Director for Little Canada, Minnesota for the past six years and has 20+ years of experience in municipal finance. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2018-262, approving the appointment of Sharon Provos as the Finance Director for the City of Stillwater effective December 20, 2018. Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn. Ayes: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski Nays: None The meeting was adjourned at 7:30 p.m. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk City Council Meeting November 20, 2018 Page 4 of 4 Resolution 2018-250, Certificate of Appreciation to Diane F. Ward upon her retirement effective November 30, 2018 Resolution 2018‐251, Directing the Payment of Bills Resolution 2018‐252, approving Renewals of On‐Sale, Off‐Sale, Club, Wine, Wine With Strong Beer, Sunday On‐Sale, On‐Sale 3.2%, Off‐Sale 3.2%, Micro Brewer Off‐Sale, Micro Brewer Tap Room, Micro Brewer Tap Room Sunday Liquor Licenses And Tobacco Licenses For 2019 Resolution 2018‐253, resolution designating polling locations within the City of Stillwater, Minnesota for 2019 Resolution 2018‐254, renewal for Towing License for 2019 Resolution 2018‐255, approving new solid waste, recycling and/or roll‐off hauler licenses Resolution 2018‐256, adopting delinquent sewer charges Project No. 0001 Resolution 2018‐257, adopting delinquent solid waste bill charges Project No. 0002 Resolution 2018‐258, approval of 2019 medical and dental insurance rates Resolution 2018‐259, approving application to conduct off‐site gambling American Legion Post 48 Resolution 2018‐260, approving the Officer/Partner change for the Ziggy’s LLC, dba: Ziggy’s for the On‐Sale & Sunday Liquor Licenses Resolution 2018‐261, approving Nationwide Retirement Solutions (NRS) 457(b) plan change in the guaranteed minimum interest rate in the fixed annuity contract effective January 1, 2019 Resolution 2018-262, approving the appointment of Sharon Provos as the Finance Director for the City of Stillwater effective December 20, 2018 FOR IMMEDIATE RELEASE Contact: Jim Wright: 651 430 1166 Bruce Webber: 561 374 2282 Local Resident, Bob Webber, WWII Paratrooper to be decorated by the French Consul General with the French Legion of Honor Stillwater resident, Bob Webber, 95, will be decorated with the French Legion of Honor medal in a ceremony on November 28, 2018 to be held at the VWF Post 323, Heights Hall & Club, 5880 Omaha Avenue North in Stillwater, MN. The ceremony will begin at approximately 12 :00 noon. The Consul General of France, Guillaume Lacroix, will travel from the French Consulate in Chicago for the prestigious pinning ceremony. Bob Webber, served during World War II with the American 517th Parachute Infantry Regiment, paratroopers. Mr. Webber was among the paratroopers from the 517th paratrooper regiment to drop into Southern France behind German lines. He parachuted near Le Muy, France on August 15th, 1944 at approximately 4:30 AM. with Operation Dragoon as part of the Allied invasion of Southern France. Mr. Webber will be among the few of World War II veterans to receive the French Legion of Honor, France's highest military award which is comparable to the U.S. Medal of Honor. The Legion of Honor is the highest national decoration of France, and is the highest distinction that can be conferred in France on a French citizen or foreigner. It was created to reward eminent military and civil merits in the service of France. The honor was founded in 1802 by Napoleon Bonaparte. ### EXHIBIT "A" TO RESOLUTION #2018-263 Page 1 LIST OF BILLS Accela Inc ESS Annual Maint. 1,581.10 Advance Auto Parts Equipment repair supplies 88.43 Aspen Mills Uniform -Frank 359.85 Barton Construction Services Desk repair 850.00 Becker Fire Safety Services LLC Fire extinguisher service 512.90 Boyer Trucks Equipment repair supplies 329.54 Brock White Co. LLC Siltsock 228.33 Bro-Tex Inc. Towels 121.77 Burks Tree and Landscape Care Tree Care 2,860.00 Burschville Construction Inc. Everett & Hancock main break repair 4,860.00 CDW Government Inc. HDMI cable 91.44 Century College Training 850.00 Century Link Telephone 91.32 Century Power Equipment Equipment repair supplies 92.97 Cintas Corporation Mat cleaning service 227.96 Compass Minerals America Inc Salt 18,151.73 Computer Integration Technologies VIR Planner Project 4,979.00 Coverall of the Twin Cities Commercial cleaning services 540.00 Daleo Janitorial supplies 250.38 Flaherty & Hood P.A Job eval -chief building official 250.00 FleetPride Equipment repair supplies 138.40 Frontier Ag & Turf Fleet repair supplies 416.06 Fuhr Trenching Sewer line repair 3,400.00 Gateway Cycle Bicycle maintenance 209.97 Goodyear Commercial Tire Tires 946.56 Hoisington Koegler Group Inc Professional services 10,122.87 Hudson Rod Gun & Archery Club Range use 1,100.00 I State Truck Center Equipment repair supplies 415.89 Iceman Industries Inc. Liquid ice melt 2,165.00 iSpace Environments Equipment repair 280.00 Junker Brad Reimburse for parking 5.00 Kermits Disposal of Forest Lake Demolition 30 yard box 468.00 Kohlhaas Alex Mileage 86.07 Lexipol LLC Fire Policy Manual Update Subscription 4,161.00 Loffler Companies Server replacement 7,615.38 MailFinance Inc Postage machine lease 455.01 Mansfield Oil Company Fuel 3,741.31 Marshall Electric Company City Hall lobby conduit 1,152.00 Menards Supplies 194.91 Meredith Nathan Reimburse for food for CISM debriefing 39.45 MN Dept of Labor and Industry License renewal 100.00 MN Pollution Control Agency Certification 45.00 National League of Cities Membership 1,533.67 Office Depot Office supplies 132.97 Olsen Chain & Cable Inc. Safety equipment 896.84 EXHIBIT "A" TO RESOLUTION #2018-263 Page 2 Pullen Annette Marie Professional services 300.00 Quill Corporation Office supplies 29.99 Rehn Code Consulting Services Plan review 2,660.11 SEHlnc Structural services 144.87 Simplifile LC Filing fee 250.00 Stillwater Motor Company Vehicle service 58.48 T.A. Schifsky and Sons Asphalt 474.38 The Foundation Vmware WorkSpace ONE Renewal 3,028 .20 Titan Machinery Shakopee Equipment repair supplies 101.10 Truck Utilities Inc. Equipment repair supplies 113.91 Verizon Wireless Eng Cell 2,113.41 Waste Management Refund of Overpayment 50 .00 Water Works Plumbing & Heating LLC Rec Center main water supply rebuild 1,815.00 Winnick Supply Supplies 7 .15 Wold Architects and Engineers City Hall Project 1,681.10 REC CENTER 1ST Line/Leewes Ventures LLC Snacks for concessions 1,108.55 Batteries Plus Bulbs Concession supplies 203.40 Canteen Refreshment Services Coffee and supplies for Concessions 1,298.08 Cintas Corporation Mat cleaning service 51.50 Coca-Cola Distribution Concession supplies 1,664.40 Comcast TV Internet & Voice 383.72 Corval Constructors Equipment repair 711.51 Cub Foods Concession supplies 55.40 Daleo Equipment repair supplies 491.80 Holiday Credit Office Fuel 12.82 Ice Skating Institute Memberships 101.00 Loucks Associates Surveying 9,900.00 Nardini Fire Equipment Inspection 102.25 Pepsi Beverages Company Beverages for concessions 357.05 Riedell Shoes Inc. Skates 768.78 Sentry Systems Inc. Alarm monitoring 140.85 Titan Energy Systems Equipment repair supplies 363.08 United Refrigeration Inc Equipment repair supplies 67.03 United Rentals North America Scissor lift rental 616.10 EXHIBIT "A" TO RESOLUTION #2018-263 Page 3 LIBRARY Brodart Co Materials 3,934.07 Cengage Learning Materials 316.68 Cintas Corporation Mat & towel cleaning service 72.24 ECM Publishers Board Vacancy Posting 28.50 Kerschbaum Renovation Painting 7,325 .00 Midwest Tape Materials 4,779.46 Minitex RFID 1,197.00 Otis Elevator Company Maintenance 561.00 Stillwater Medical Group New Hire Drug Screening 10.00 Toshiba Business Solutions Maintenance Contract 118 .74 CITY COUNCIL MEETING DATE: December 4, 2018 REGARDING: 2019-2021 Service Contract for Mowing, Snow and Ice Removal and Clean Up Services PREPARED BY: Abbi Jo Wittman, City Planner The City’s 2018 Annual Contract for Mowing, Snow and Ice Removal and Clean Up Services with MSP Outdoor Services (MSP) is set to expire on December 31, 2018. MSP is willing to hold their pricing schedule for the next three years. Given the reputation of MSP as well as their past relationship with the City, staff recommends entering into contract with MSP Outdoor Services. A contract has been prepared as well as a Resolution of Approval. REQUESTED ACTION Staff requests the Council to approve the attached resolution, entering into contract with MSP Outdoor Services for all 2019-2021 Mowing, Snow and Ice Removal and Clean Up Services. ATTACHED Draft Resolution Contract for Services Contract Scope of Work A RESOLUTION AUTHORIZING A CONTRACT FOR MOWING, SNOW AND ICE REMOVAL AND CLEAN UP SERVICES, 2019-2021 WHEREAS, in 2017 the City entered into a Contract for Services with MSP Outdoor Services to perform mowing, snow and ice removal and cleanup of private properties on an as-needed basis; and WHEREAS, the City has determined MSP Outdoor Services is responsible and qualified to continue to perform these services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with MSP Outdoor Services in the name of the City of Stillwater for Mowing, Snow and Ice Removal and Clean Up Services, 2019-2021, on file in the office of the City Clerk. Adopted by the City Council of the City of Stillwater this 4th day of December 2018. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION 2018-266 STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this _______ day of _______________, 2018 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") and MSP Outdoor Services (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform work according to Scope Work, attached as Exhibit A. All work will be done in a workman-like manner and materials will be fit for the purpose. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the 2019-2021 Contract for Mowing, Snow and Ice Removal and Clean Up Services shall be completed by the Contractor for the unit prices shown on the Fee Schedule outlined in Exhibit A and be paid to the Contractor upon satisfactory completion and acceptance. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the General Requirements, General Conditions, and Specifications for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Insurance. Contractor agrees that in order to protect itself and the City under indemnity provisions set forth above, it will at all times during the term of this contract, keep in force policies of insurance as indicated in this contract. The Contractor shall not commence work until a Certificate of Insurance covering all of the insurance required by these specifications is approved. The insurance protection will have the following limits: Standard Contract Agreement, Page 2 of 2 MSP Outdoor Services (1) $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured “as their interests may appear.” A. Comprehensive Automobile Liability: (1) Each Accident: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence B. Worker’s Compensation Coverage. 6. Completion Date. Completion of work related to the 2019-2021 Contract for Mowing, Snow and Ice Removal and Clean Up Services must be done according to the terms of the Request for Quotes Contract Work, Contract Implementation, and Contract Conditions. IN WITNESS WHEREOF, the parties have set their hands this ___ day of ___________, 2018. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Diane F. Ward, City Clerk CONTRACTOR ___________________________________________ By: Bryan Price Title: Owner STATE OF MINNESOTA ) ) ss. COUNTY OF _____________) The foregoing instrument was acknowledged before me this _____ of _______________, 2018 by ______________________________, its ____________________________________, for___________________________________. __________________________________________ Notary Public Commission Expires: ___/___/_____ Commissioned At: ________________________ EXHIBIT A CONTRACT SCOPE OF WORK MOWING, SNOW AND ICE REMOVAL AND CLEAN UP SERVICES I. OBJECTIVE The purpose of this request is to receive quotes for services related to mowing, snow and ice removal and/or clean up services. II. CONTRACT WORK A. Definitions i. "Acreage" shall mean any property having a total area of 43,560 square feet (1 acre) or greater. ii. "Authorized notice" shall mean a written or verbal notice from either the City of Stillwater Community Development or Police Department to perform specific work at a specific location. iii. "City" shall mean the City of Stillwater, Minnesota. iv. "Cleaning and removal of trash and debris" shall mean any method by which filth, weeds, rubbish, refuse or other matter that might be unhealthy and/or unsightly is removed from any acreage or lot and disposed of as approved by the City and delineated in the City Code and in the specifications for this contract. v. "Contractor" shall mean the person or firm, awarded the Contract by the City. vi. "Lot" shall mean any property having a total area less than 43,560 square feet (1 acre). vii. “Reoccurring Mowing” shall hereby be defined as “subsequent mowing after the initial mowing directed by the City and specifically requested to by the City to be placed on the reoccurring mowing list. Recurring mowing shall be done no earlier than 14 days since the last mowing and no more than 21 days after the last mowing. Reoccurring Mowing shall cease at the time of notification of removal by the City, notification of the property owner mowing shall not occur, and/or upon notice by the Contractor Mowing has occurred on the property.” viii. “Reoccurring Snow and Ice Removal” shall be hereby defined as “subsequent snow and ice removal after the initial Snow and Ice Removal as directed by the City and specifically requested by the City to be place on the reoccurrence list. Reoccurring snow and ice removal shall be conducted no greater than 24 hours after the snow and ice has ceased to be deposited thereon. Reoccurring Snow and Ice Removal shall cease at the time of notification of removal by the City, notification of the property owner snow removal shall not occur, and/or upon notice by the Contractor Snow and Ice Removal has occurred on the property.” ix. "Snow and Ice Removal" shall hereby be defined as “any method by which snow and ice is removed from any PUBLIC SIDEWALK as approved by the city and delineated in the City Code of Ordinances. x. "Snow Removal - CBD" shall mean any method by which snow is removed from a minimum of 8’ of any PUBLIC SIDEWALK in the Central Business District (CBD) as approved by the city and delineated in the City Code of Ordinances. Please see the Site Location Map, attached as Exhibit A, for reference to the CBD. B. Specifications All specifications shall be strictly enforced. Any property which does not meet specifications shall be brought up to specifications at the Contractor's expense upon the notification by the City. No action shall be taken that does not comply with all life, health and safety requirements of the City including, but not limited to, compliance with City Code Chapter 33, Building Code. i. Vacant Lot – Each lot shall be mowed in its entirety in a uniform cut. Mowing shall be completed as near as possible to any tree, wall, fence, pole, sign, or any other structure. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from a vacant lot. ii. Developed Lot – Each lot shall be mowed as near as possible to any building, tree, wall, fence, pole, sign or any other structure in a uniform cut. Remaining high grass and weeds shall be trimmed to ensure favorable appearance. Proper action shall be taken to clear the property, adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from a developed lot. iii. Acreage Between One and Twenty Acres – Each parcel shall be mowed in its entirety in a uniform cut. Any remaining high grass and weeds around trees, walls, fences, poles, signs, or any other structure shall be trimmed. Proper action shall be taken to clear the adjoining streets, sidewalks and public rights-of-way of all grass and weed trimmings. Specific authorization from the City must be obtained to clean and remove trash or debris from acreage. Five or more vacant, contiguous lots shall be treated as acreage and billed as such. iv. Acreage Over Twenty Acres – All areas within fifty feet from a curb, public right-of-way, street, sidewalk or adjacent property under different ownership must be mowed in their entirety in a uniform cut. Any agricultural areas or areas used to cultivate crops must be mowed up to the crop. Specific authorization from the City must be obtained to clean and remove trash or debris from acreage. v. Cleaning of Trash and Debris - The Contractor shall remove all trash and debris from the property. Trash and debris may include dirt, rock, boards, railroad ties, furniture, appliances, tires, litter, swimming pool water and any other rejected matter. The Contractor shall also level and/or remove stockpiles or dirt, aggregate or other materials. The Contractor shall seed and mulch, when required by the City, including MN-DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre. Residential debris shall be bagged and placed at the curb in an orderly manner for pick up by Waste Management. Construction material shall be taken to Twin City Refuse & Recycling at 318 West Water Street in St. Paul. Hazardous waste shall be taken to the Washington County’s Environmental Center site at 4039 Cottage Grove Drive in Woodbury. Contact City Staff concerning other situations the Contractor may encounter before proceeding with cleanup. vi. Boarding and Securing of Property - The Contractor install shall install a minimum of 3/8-inch thick plywood over all broken windows, missing doors, and other opening that cannot be secured by other reasonable means. Specific authorization from the City must be obtained to board and secure a property. vii. Securing of Property - The Contractor install shall necessary padlocks, door hardware, etc. to secure doors and other unsecured opening that do not require boarding. Specific authorization from the City must be obtained to secure a property. III. CONTRACT IMPLEMENTATION A. Authorization The Contractor shall be notified by a representative of the City of Stillwater to perform specific work at a particular location. The Contractor shall complete the requested services within two (2) days after receiving authorization. In the event of inclement weather, the Contractor shall notify the City of failure to complete requested services by the third (3rd) day; however, in any case, such work shall be completed within five (5) days after initial authorization. Failure to notify or finish the work within the timeframes indicated will subject the Contractor to liquidated damages of $15.00 per day, per property, until the work is complete. The City shall pay $25.00 for trips by the Contractor to a site where the Contractor finds abatement has been completed prior to the Contractor arriving at the site if the arrival is within the established timeframes as outlined in Section III(A). In these instances, the Contractor shall provide a single labeled photograph to show the abatement of the violation which shall be provided with the invoice. The invoice shall clearly be labeled as a “Discontinuance Fee” with the property address. B. General Conditions i. For work paid on a per hour basis, the Contractor shall examine the property first to estimate the number of hours needed to complete the job before authorization is given. The City shall not pay for travel time. In the event that more than the original number of hours is necessary to complete the job, the Contractor shall contact the City of representative for approval once the original estimated hours are reached and prior to performing any additional hours. 1. If seed and mulch is required, the Contractor shall indicate this at this time. ii. The Contractor shall obtain and pay for any and all permits, licenses, disposal fees or any other costs required to fulfill this contract. iii. The Contractor must comply with all federal, state and local ordinances. iv. The Contractor shall protect and prevent all damage to wires, cables, structures, fences vehicles, trees, plants and other artifacts. Any damage to public or private property shall be corrected by repair or replacement by the Contractor at his or her own expense to the satisfaction of the Owner or the City. v. In case any action in court is brought against the Owner, or any officer or agent of the Owner, for the failure, omission or neglect of the Contractor to perform any of the covenants, acts, matters or things by this Contract undertaken; or for injury or damage caused by the alleged negligence of the Contractor or his subcontractors or his or her or their agents, or in connection with any claim based on lawful demands of subcontractors, workmen, materialmen or suppliers the Contractor shall indemnify and save harmless the Owner and his or her officers and agents, from all losses, damages, costs, expenses, judgments or decrees arising out of such action. vi. Except as to any supplies or components which the specifications provide need not be new, all supplies and components to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production and of the most suitable grade for the purpose intended. If at any time during the performance of this contract the Contractor believes that the furnishing of supplies or components which are not new is necessary or desirable, they shall notify the City immediately, in writing, including the reasons therefore and proposing any consideration which will flow to the City if authorization to use supplies or components is granted. vii. In the event the Contractor conducts a trip to a site where the Contractor finds abatement has been completed, within 24 hours the Contractor shall notify the City the work was not performed and that the property is being removed from the Reoccurring Mowing and/or Reoccurring Snow and Ice Removal list. C. Invoicing The Contractor shall take before and after photographs in digital format for validation and return same to the City with EACH invoice of each job assignment. Any invoice submitted without both before and after photos will be returned unpaid. “Before” and “after” photographs must be taken each and every time a property is serviced. Photographs shall meet the following requirements: • A minimum of three “before” and “after” photographs are required per visit. • At least one “before” and one “after” photograph must each identify the address or location of the work site. • The “before” and “after” photographs must clearly validate the work performed. • Photographs shall be a minimum of 3.2 megapixels, 1600 x 2000 resolution (pixels). • Photographs shall be submitted in electronic format and shall be properly labeled as “before” and “after” with the date and time of service identified. Invoices shall reflect separate charges for each category of work performed with no more than one property on any detail sheet. Invoices shall indicate the date(s) of service shall otherwise comply with City purchasing procedures unless waived by the City. Orders will be placed by the City and must be given a Purchase Order Number to be valid. No payments shall be made on invoices not listing a Purchase Order Number. No partial payment will be made. An invoice for work performed shall be submitted within fourteen (14) days following completion of the requirements of the contract to: Community Development Department, Stillwater City Hall, 216 4th St N, Stillwater, MN 55082-4898. Failure to submit an invoice in the time period identified shall result in nonpayment by the City. D. Payment Terms & Conditions i. Service Payment City review, inspection and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials or service. Quotes which call for payment before 30 days from receipt of invoice, or cash discounts given on such payment, will be considered only if in the opinion of the City the review, inspection and processing procedures can be completed as to the specific purchases within the specified time. It is the intention of the City to make payment on completed orders within thirty (30) days of receiving invoicing unless unusual circumstances arise. ii. Fee Schedule Payment shall be made according to the following fee schedule: Item Work Description Unit Cost PART A – MOWING (Mowing, Trimming, Clearing/Disposal of Trimmings) First Mowing 1 Vacant lot $ 185.00 per lot 2 Developed lot $ 145.00 per lot 3 Acreage, 1 to 20 acres $ 215.00 per acre 4 Acreage, over 20 acres – mowing only $ 200.00 per acre Recurring Mowing1 5 Vacant lot $ 65.00 per lot 6 Developed lot $ 50.00 per lot 7 Acreage, 1 to 20 acres $ 150.00 per acre 8 Acreage, over 20 acres – mowing only $ 145.00 per acre PART B – CLEANING OF TRASH AND DEBRIS 9 Cleaning of trash and debris – pick up of all trash and debris including labor, vehicles, equipment and disposal costs $ 70.00 per hour2 10 Seed and mulch, including MN-DOT 240 seed mix @ 100 lbs/acre and Type 1 Mulch with 90% coverage at two tons per acre $ 993.00 per acre3 PART C – SECURING PROPERTY 11 Boarding and securing property – boarding of broken windows, including all labor, vehicles, equipment and supplies $ 100.00 per opening 12 Securing property – locking or otherwise securing unsecured openings, windows or doorways including all labor, vehicles, equipment and supplies $ 100.00 per opening PART D – SNOW REMOVAL 13 Single street residential sidewalk (92 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $ 60.00 per event 14 Single street residential sidewalk (92 feet by 4 to 5 feet average) 4- to 8-inch snow cover $ 90.00per event 15 Corner lot residential sidewalk (182 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $ 110.00 per event 16 Corner lot residential sidewalk (182 feet by 4 to 5 feet average) 1.5- to 4-inch snow cover $ 160.00 per event 17 Other residential sidewalk snow removal $ 75.00 per hour2 18 Single street CBD sidewalk (25 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow cover $ 55.00 per event 19 Single street CBD sidewalk (25 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 75.00 per event 20 Single street CBD sidewalk (50 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow cover $105.00 per event 21 Single street CBD sidewalk (50 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 150.00 per event 22 Corner lot CBD sidewalk (182 feet by 8 to 10 feet average) 4 1.5- to 4-inch snow cover $ 180.00 per event 23 Corner lot CBD sidewalk (182 feet by 8 to 10 feet average) 4 4- to 8-inch snow cover $ 270.00 per event 24 Other CBD sidewalk snow removal $ 75.00 per hour2 1. Reoccurring mowing shall be done no earlier than 14 days after the last mowing and no later than 21 days after the last mowing. 2. Price per hour will be multiplied by the number of workers needed to complete the job. 3. Price per acre shall be divided by square footage for lots less than one acre in size. 4. Snow shall be removed from primary walking path, with a minimum eight foot (8’) clear area. Snow is preferred to be removed from the site but may be stockpiled in an area no greater than two feet (2’) back from the curb. iii. Sales Tax Bills submitted for taxes above the Fee Schedule price will not be honored. IV. CONTRACT CONDITIONS A. Contract Claus This contract may be superseded only if replaced with a written contract executed by both parties. B. Provisional Clause The City will not enter into any contract where the cost is provisional upon such clauses as are known as “escalator” or “cost-plus” clauses. C. Liability The Contractor and/or the Contractor's employees will assume complete responsibility for any claim of property damage or bodily injury, which may directly or indirectly arise from the employee's performance under the terms of this agreement. The Contractor's employees will hold harmless, release and defend the City from all claims of liability that directly or indirectly arise under the terms of this agreement. The Contractor shall not recover from the City of Stillwater the cost for damaged equipment, including broken blades, punctured tires, or any other damaged equipment, as a result of mowing assignments regardless of the condition of the property. D. Assignment of Contract The successful Contractor may not assign their rights and duties under an award without the written consent of the City of Stillwater City Administrator. Such consent shall not relieve the assignor of liability in event of default by their assignee. E. Default In case of default of the successful Contractor, the City may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. NORTH FOURTH STREETNORTH TH IRD STREETNORTH SECOND STREET LAUREL S T R E E T STATE HWY 95INTERS T A T E HI G H W A Y B RI D G E SOUTH MA IN STREET WEST M Y R T L E S T R E E T EAST M Y R T L E S T R E E T EAST CH E S T N U T S T SOUTH TH IRD STREET EAST PIN E S T R E E TSOUTH SECOND STREETSOUTH F IF ITH STREETSOUTH S IXTH STSOUTH SECOND STREETSOUTH F IFTH STREETSOUTH S IXTH STREET WEST C H E S T N U T S T R E E T WEST M U L B E R R Y S T R E E T WEST LI N D E N S T R E E T WEST EAST CH E R R Y S T R E E T WEST OLIVE S T R E E T STATE HWY 95STATE H IGHWAYS 95 & 36 STREET C S A H 2 3 NELSON S T S O U T HSO MA IN STNORTH MA IN STREETSOUTH WATER STREET ALLEY COMMER C I A L A V E N U ENORTH WATER STREETSO UN ION ST RAMSEY S T ALLEYEAST LIN D E N S T R E E T EAST M U L B E R R Y S T R E E T ALLEYNORTH TH IRD STREETC S A H 23SOUTH FOURTH STREETBURLINGTON NORTHERNRAILROADBURLINGTONSTREETJEANNIE STREETUNION ALLEY NELSON A L L E Y HOLCOMBE STNORTH WATERSTWEST OAK STREET E OLIVE S T STATE H W Y 3 6 NELSON S T R E E T M A I N S T R E E T SOUTH BROADWAY STREETNORTHSECONDEAS T E L M S T R E E TNORTH FIRST STREET SCHOOL S T R E E T EAST LA U R E L S T R E E T NORTH MAIN STREETSTATE HWY 95RAILROADNORTHERNFOURTHNORTHALLEYSAM BLOOMER WAY 000 575 110 216 422 333 350 350 350 210 903 402 204 223 115 407 114 118 212 303 602 118 102 416 918 105 306 101 437 309 515 208 512 119 711 120 303 650 232 1513 626 118 207 216 425 102 306 206 408 315 107 114 324 310 220 220 821 215 214 416 913 106 713 220 220 231 224 404 251 703 406 216 502 320 402 401 411 424 210 208 315 604 804 209 501 302 124 418 221 904921 101 805809 µ 0 700 1,400350 Feet CBD Municipal Boundary Parcel Boundaries ^ General Site Location Exhibit A Central Business District   1    Date: December 4, 2018 TO: Mayor and Council FROM: Kori Land, City Attorney Beth Wolf, City Clerk SUBJECT: Liquor Ordinance Amendments The Council held a first reading of the liquor ordinance amendments on November 13, 2018. Before the Council is the second and final reading. A summary of the amendments is as follows: Certain types of licenses are now identified in the Code: • Temp. On‐Sale (Clubs and religious or non‐profits) • Special Provisions (sports facility, community festivals) • Consumption & Display • Culinary Class On‐Sale • Temp. Wine – Off‐Sale (auctions) • Distilleries (cocktail rooms) While there are many general conditions for licensees, one new requirement is that there must be an approved employee training program for serving/selli ng alcohol. In addition, the license approval process will allow the Council to approve a license with reasonable conditions or a provisional license if any licensed business has more than 3 violations within a 5‐year period. For provisional licenses, the licensee would have to comply with a mitigation plan to reduce the violations. The license denial, revocation or suspension process was clarified. If the penalty is a fine, then city staff can issue the penalty, with the right to appeal. If the penalty involves suspension or revocation of a license, then the matter must be heard by the city council or a hearing officer. In most cases the matter will be referred to a hearing officer who has the authority to impose penalties pursuant to the city’s adopted fee schedule. The ordinance provides that the Council may approve a summary for publication purposes and has proposed language for that summary. Publishing a summary instead of the lengthy ordinance saves the city on publication costs. RECOMMENDATION: Adopt ordinance on final reading. RESOLUTION NO. 2018-265 A RESOLUTION OF THE STILLWATER CITY COUNCIL DIRECTING THE PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY WHEREAS, 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: NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The title of the ordinance to be published is as follows: AN ORDINANCE AMENDING CHAPTER 43 REGARDING LIQUOR OF THE STILLWATER CITY CODE. 2. A summary of the ordinance is as follows: The amendments reorganize many sections of the existing liquor ordinance and clarify the application requirements for individuals, partnerships and corporations. It clearly sets out the process for obtaining a new license and for renewing a license, including having a background investigation, the requirements for insurance and the payment of fees. The amendments add some new license types, such as licenses for events in a city-owned sports facility or for community festivals, temporary off-sale wine licenses, culinary class on-sale, and microdistillers such as cocktail rooms. The ordinance allows the Council to approve a provisional license for those establishments who have more than 3 city code violations within 5 years. A provisional license includes a mitigation plan that the licensee must follow in order to keep its license. The process for approval, denial, suspension and revocation is carefully articulated so that the licensees will know what to expect at each stage of the process. 3. A complete printed copy of the ordinance is available for inspection by any person during the regular officed hours at the office of the City Clerk, City Hall, 216 4th Street N. 4. A Copy of the entire text of the ordinance must be made avialalble in the Stillwater Public Library. Enacted by the City Council this 4th day of December, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ORDINANCE NO. 1116 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 43 REGARDING LIQUOR OF THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Chapter 43 relating to Liquor is hereby amended as follows: ARTICLE I. - IN GENERAL Sec. 43-1. - Definitions. All words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in Minn. Stat. § 340A.101 et seq., except where the context clearly indicates a different meaning. APPLICANT means (1) a person applying for a liquor license; (2) corporation, partnership, or other legal entity with an officer, director, agent, or employee of a holder applying for a liquor license; or (3) an affiliate of a holder applying for an off-sale intoxicating liquor license, regardless of whether the affiliation is corporate or by management, direction, or control. HABITUAL, as used in section 43-67 subd. 2 (19), means more than ten (10) separate instances of unlawful conduct have occurred on the licenses premises within a calendar year. LICENSED PREMISES, for purposes of sale and consumption of intoxicating liquor, means a space that is compact and contiguous. In the case of a restaurant or club licensed in conjunction with a golf course, Licensed Premises means the entire golf course, except for areas where motor vehicles are regularly parked or operated. MANUFACTURER means a person, who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale. RESTAURANT is an establishment where meals are regularly prepared on the premises and served at tables to the general public, as defined in Minn. Stat. § 340A.101, Subd. 25. Restaurants must be considered a small, medium or large establishment, as defined by the Minnesota Department of Health. UNLAWFUL CONDUCT as used in section 43-67 subd. 2 (19), means citations issued to an owner or patron by the Stillwater Police Department or any other licensed peace officer responding to a call for assistance for disorderly conduct, assault, noise violation, 911 violation, unlawful assembly, trespass, remaining open for business for 90 days or more while on the Minnesota Department of Revenue’s posted list of sales tax delinquent liquor establishments, or 2 any other violation of state or local liquor laws. Sec. 43-2. - State law adopted. Minn. Stat. ch. 340A is adopted by reference as if set out at length in this chapter. If the other provisions in this chapter are more stringent than the provisions of Minn. Stat. ch. 340A, the provisions of this chapter shall be controlling. Secs. 43-3—43-40. - Reserved. ARTICLE II. - SALE OF INTOXICATING LIQUOR FOR OFF-PREMISES OR ON- PREMISES CONSUMPTION DIVISION 1. - GENERALLY Secs. 43-41—43-60. - Reserved. DIVISION 2. - LICENSE Sec. 43-61. - Required. Subd. 1. It shall be unlawful for any person, directly or indirectly, upon any pretense or by any device, to sell, exchange, barter, dispose of, or keep for sale any intoxicating liquor for on-sale or off-sale within the limits of the city without first having obtained the required license. Subd. 2. Investigation. In order to protect the general welfare of the public, new and renewal liquor license applications require a background investigation. The investigations will be conducted pursuant to this section. (1)Authorization. At the time of making an initial or renewal license application, the applicant must provide written authorization to the city to investigate all facts set out in the application and to do a background investigation on the applicant. The information obtained from the investigation shall be used to assist the Police Chief in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria: a.Whether the applicant was convicted of a crime or offense in the last five years involving or directly relating to the business for which a license is sought; b.Whether there is a material misrepresentation in the application; or c.Whether the applicant is of good moral character. (2)Investigation fee. All applicants that must undergo a background investigation must pay an investigation fee with the license application. The city council establishes the investigation fees by city council resolution. 3 Subd. 3. Insurance. The applicant must file with the city clerk a certificate of insurance from an insurance company duly licensed and qualified to do business in the state, on a form approved by the city. (1) Coverage requirements. The insurance policy certified must provide coverages and amounts as required by State law and by the city. (2) Coverage changes and cancellation. The applicant may not cancel or change the insurance without 30 days’ prior written notice to the city clerk. The certification of insurance must be continuously in effect until 30 days after receipt of the written notice of cancellation or change. Subd. 4. After the city has received a completed application, including all required documentation, appropriate fees and a completed background investigation, the license will be submitted to the city council for consideration. Subd. 5. Incomplete applications will be rejected by the city clerk and will not be submitted to the city council. Subd 6. License fees. License fees must be paid with the application and must be submitted before the city will grant the license. (1) Fee determination. The fees for licenses are established by city council resolution. (2) Refunds. License fees are not refundable unless the applicant so requests and the request is approved by the Council. Specific fees for which work was performed, such as a background investigation, shall not be refundable. (3) Prorated license fees. License fees will not be prorated for a portion of a license term, except for the following licenses, payment for which shall only be for the portion remaining in the license term. a. On-sale intoxicating liquor; b. Pawnbroker; c. Precious metal dealer; d. Tobacco; Subd. 7. License Term. The term of the license year begins on January 1 and ends on December 31, unless a shorter license term is specified upon approval. Sec. 43-62. - Persons Ineligible. Subd. 1. The city council may not issue a license to an applicant, if the applicant: (1) Is a minor at the time the application is filed; 4 (2) Within five years of the license application, has been convicted of a felony, gross misdemeanor or misdemeanor punishable by jail, the crime is directly related to the license sought and the applicant has not shown by competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (3) Is not a citizen of the United States or a resident alien of the United States; (4) Is a manufacturer of 3.2% malt liquor or is interested in the control of any place where 3.2% malt liquor is manufactured; (5) Is applying for an off-sale license and 3.2% malt beverages are sold for consumption on the licensed premises; or (6) Is or during the period of the license becomes the holder of a federal retail liquor dealer’s special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him or her a local license to sell intoxicating liquor at that place; (7) Is not the owner of the establishment for which the license is issued; (8) Owned an interest of more than 5% of the corporation, partnership, association, enterprise, business or firm applying for the license and who has had an intoxicating liquor license revoked in any jurisdiction within five years of the license application; (9) Is applying for a location in an area that is prohibited for such use by state law or the city zoning Code or where the principal building is within 500 feet of a school or church; or (10) Is applying for an off-sale and already has an off-sale intoxicating liquor license. Sec. 43-63. - Application. Subd. 1. Applications for a license must be submitted on a form provided by the city for an initial license, a license renewal and upon any change of ownership of business control of a licensed premises. The application shall state whether the applicant is a natural person, corporation, partnership or other form of organization and the type of license the applicant seeks. Subd. 2. If the applicant is a natural person, the following information shall be included in the application: (1) Full name, place and date of birth, and street resident address of where applicant has lived during the past five years. (2) Whether applicant has ever used or been known by any other name; and, if so, the name or names, including maiden names and information concerning dates and places used. 5 (3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. (3) Type, name and location of every business or occupation applicant has been engaged in during the preceding five years. (4) Names and addresses of applicant’s employers and partners, if any, for the preceding five years. (5) Whether applicant has been convicted of any felony, crime or violation of any ordinance, other than minor traffic violations, that are directly related to the business for which the license is sought. If so, the applicant shall furnish information as to the time, place and offense for such convictions. (6) Whether the applicant has ever been engaged in operating or as an employee of a hotel, restaurant, cafe, tavern or other business of a similar nature. If so, the applicant shall furnish information as to the time, place and length of time of such engagement. (7) The applicant’s current personal financial statement and copies of the applicant’s federal and state tax returns for the two years prior to the application. (8) The applicant’s Social Security number. Subd. 3. If the applicant is a partnership, the following information shall be included in the application: (1) Name of the partnership or entity and the state of formation. (2) A copy of the partnership agreement. (3) The names and addresses of all partners and all information concerning each partner as is required of a single applicant in subdivision 2 (1)-(8) of this section. (4) The applicant’s federal tax identification number and state employer identification number. Subd. 4. If the applicant is a corporation or other organization, the following information shall be included in the application: (1) Name of the corporation or entity and the state of incorporation or formation. (2) A copy of the articles of incorporation or association agreement and bylaws; and if a foreign corporation, a certificate of authority as described in Minn. Stat. ch. 303. (3) The names and addresses of all officers and anyone who owns or controls an interest in the corporation or association in excess of five percent and all information as is required of a 6 single applicant in subdivision 2 (1)-(8) of this section. This provision, however, does not apply to a corporation whose stock is publicly traded on a stock exchange and the corporation is applying for a license to be owned and operated by itself. (4) The applicant’s federal tax identification number and state employer identification number. Subd. 5. If the application is for on-sale club or an on-sale commercial-recreational club license, the following information is required: (1) The name of the club or commercial-recreational club. (2) Date that club or commercial-recreational club was first organized and place of such organization. (3) A sworn statement that the club complies with the following: a. Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; b. Whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body; and c. The number of members of the club or commercial-recreational club is not less than 30 members. Subd. 6. Every application shall also contain the following: (1) The exact legal description of the premises and parcel identification number to be licensed together with a site plan of the area showing dimensions, location of buildings and any extension of the premises or outside areas that the licensee proposes to include in the area covered by the license. The street address of the licensed premises and the floor plan showing where liquor is to be sold or consumed. An applicant for an on-sale license shall include dimensions of any dining room and indicate the number of persons intended to be served in each room. (2) The name of the manager or proprietor or agent in charge of the premises to be licensed, the assistant manager, the food manager and the beverage manager giving all the information about those persons as is required of a single applicant in 43-63 subd. 2 (1)- (8) of this section. (3) If the property owner and the applicant are the same person or entity or have any common ownership, a statement as to whether or not all real estate and personal property taxes for 7 the premises to be licensed have been paid, and if not paid, the years and amounts which are unpaid; (4) Whether the applicant holds a current license or has ever held a license from any governmental unit, including the city. (5) Whether the applicant has ever had a license in any city or state denied, revoked or suspended and the reason for the denial, revocation or suspension. (6) The name of the business, if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by Minn. Stat. § 333.01. (7) If the applicant does not own the business premises, a true and complete copy of the executed lease for the premises, if applicable. (8) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true. If the applicant is a corporation, an officer must sign the written declaration. If the applicant is a partnership, a general partner must sign the written declaration. If the applicant is an unincorporated association, the manager or managing officer must sign the written declaration. (9) A physical description of the applicant, along with a copy of a state-issued identification for the applicant or main contact person for the application. (10) If the licensed activity requires prior approval from another government entity, written evidence of that approval. (11) Other information as the city council may require. Sec. 43-64. - Renewal of license. Subd. 1. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license (no later than Nov. 1). Failure to submit a renewal application by the expiration date means there is no guarantee of the license being renewed. Thirty days after its expiration, the license will be considered terminated. If a timely submission of a renewal application is made by an applicant in good standing, but the city council does not act upon the application prior to December 31, then upon written authorization by the city, the applicant may continue to operate until the city council considers the renewal application. Subd. 2. The licensee shall notify the city clerk of any changes to the information on the application during the license term, including adding or removing persons on the application, enlarging or changing the dimensions or serving areas of the licensed premises, or other information on the application. The city clerk shall determine if the changes require additional fees, background investigations or an amendment of the license by the city council. 8 Subd. 3. An annual renewal application must include payment of the investigation fee as established resolution. Subd. 4. Inactive Licenses. Provided all license fees are paid when due and kept current, a licensed premises may remain at a vacant location for a period of the remaining calendar year in which the vacancy occurs, and for one year thereafter. At the end of this period, the inactive license will be deemed abandoned without further notice or hearing and the city council will be entitled to grant the license to another person or entity. Sec. 43-65. - License Types Subd. 1. On Sale licenses. An on-sale intoxicating liquor license may be issued to clubs, restaurants, theaters, hotels and bowling centers. Subd. 2. Off-Sale licenses. Off-sale licenses may be granted to permit the retail sale of alcoholic beverages containing more than 3.2% alcohol by volume in its original container for consumption off the licensed premises only. Such licenses may be issued to drug stores to which an off-sale license had been issued on or prior to May 1, 1994, and exclusive liquor stores. Subd. 3. On-sale wine licenses. Except as otherwise provided in this section and by law, on- sale wine licenses may be granted and issued to restaurants, bed and breakfasts and theaters. Subd. 4. Sunday sales licenses. A special license authorizing the sale of intoxicating liquor on Sunday in conjunction with the sale of food may be issued to any qualified establishment holding an on-sale license. Subd. 5. Temporary on-sale licenses. (1) General rule. Notwithstanding any other provision of this section, a club (as defined in Minn. Stat. § 340A.101, Subd. 7) or charitable, religious or other nonprofit organization may obtain a temporary on-sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an on-sale intoxicating liquor license issued by the city. (2) Caterer. The license may provide that the licensee must contract with the holder of an intoxicating liquor license issued by the city who also has a state-issued caterer’s permit for dispensing intoxicating liquor. The caterer must provide the city with a valid certificate of insurance for the event. (3) A separate license fee shall be due for each application submitted. However, if the applicant applies for more than one event in a single application, only one license fee shall be required. (4) Number of days per event. The license will not authorize any temporary on-sale intoxicating liquor license for more than four consecutive days. 9 (5) Number of events per year. The city will not authorize more than three four-day, four three- day, six two-day or 12 one-day temporary licenses, in any combination not to exceed 12 days per year for the sale of intoxicating liquor to any one organization or for any one location within the city for a 12-month period. (6) Number of events per 30-day period. The city shall not issue more than one license to any organization or political committee, or any one location, within a 30-day period. (7) Application. Application for a temporary license may be made on forms provided by the city clerk and must include the following information: a. The name, address and purpose of the organization, together with the names and addresses of its officers, and evidence of nonprofit status or of its status as a club as defined in this section; b. The purpose for which the temporary license is sought, together with the location, dates and hours during which wine or intoxicating liquor will be sold; c. Consent of the owner or manager of the premises or person or group with lawful responsibility for the premises; d. Evidence that the manager or director has received alcohol awareness training as required in section 43-66 subd. 11; and e. A security plan approved by the Police Chief or his or her designee. (8) Reasonable conditions. The city council may impose reasonable conditions to protect the health, safety and general welfare of the public. Subd. 6. Special provisions - sports facilities, cultural facilities, community festivals and consumption and display permits. (1) Sports facility or cultural facility. A holder of an on-sale intoxicating liquor license issued by the city may obtain a temporary license to dispense intoxicating liquor at a convention, banquet, conference, event, meeting or social affair conducted on the premises of a sports facility or cultural facility owned by the city, subject to the limitations in Minn. Stat. § 340A.404, Subd. 4(a). (2) Community festival. A holder of an on-sale intoxicating liquor license issued by the city may obtain a temporary license to dispense intoxicating liquor off premises at a community festival held within the city. The area for the dispensing and consumption of intoxicating liquor must be compact and contiguous, with proper separation to control ingress and egress. The licensee must demonstrate that it has liability insurance as prescribed by Minn. Stat. § 340A.409, to cover the event. (3) Consumption and display permits. 10 a. Permit required. No business establishment or club may allow the consumption and display of alcoholic beverages without first having obtained a consumption and display permit from the Commissioner of the Department of Public Safety and from the city. A consumption and display permit may be approved by the city council for an organization that complies with the requirements of Minn. Stat. § 340A.414, Subd. 2, and that complies with all the provisions of this section. The city’s permit is not effective until a consumption and display permit is approved by the Commissioner of the Department of Public Safety. b. Posting of permit. The city’s permit must be posted continuously in some conspicuous place upon the premises alongside the permit issued by the Commissioner of the Department of Public Safety. c. Application. The applicant must submit to the city clerk, the application form for consumption and display permits provided by the Commissioner of the Department Public Safety, any additional forms required by the city clerk, and the appropriate fees. d. Term. Permits issued by the city expire on March 31 of each year, coinciding with the permit issued by the Commissioner of the Department of Public Safety. e. One license per applicant. Not more than one license shall be directly or indirectly issued within the city to any one applicant. f. Location and transfer. A permit shall be issued only for the compact and contiguous premises described in the application. A permit may not be transferred to another person or to another place. g. Hours. The consumption and display of intoxicating liquor is allowed only within the hours and days fixed by Minn. Stat. § 340A.504, Subd. 5, unless further restricted by the city council. Subd. 7. One-day consumption and display permits. (1) Intent and purpose. It is the intent and purpose of this section to effectuate the authorization to issue one-day consumption and display permits given to cities by Minn. Stat. § 340A.414, Subd. 9. (2) Issuance to non-profits. One-day consumption and display permits may only be issued to a non-profit organization in conjunction with a social activity in the city sponsored by the organization. The permit must be approved by the Council. (3) Limit on number of permits. The city shall not approve more than ten one-day consumption and display permits in any calendar year. 11 (4) Reasonable conditions. The city council may impose reasonable conditions on any license provided in this section to protect the health, safety and general welfare of the public. Subd. 8. Temporary off-sale wine license. Temporary off-sale wine licenses may be issued for the off-sale of wine at an auction with the approval of the Commissioner of Public Safety. A temporary off-sale wine license authorizes the sale of only vintage bottled wine that is at least five years old and is of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days provided not more than six hundred cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by the city. Subd. 9. Culinary class limited on-sale license. A limited on-sale intoxicating liquor license may be issued to a business establishment: (a) not otherwise eligible for an on-sale intoxicating liquor license; and (b) that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. The license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or twelve ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only. Subd. 10. Brewer license. (1) On-sale brewpub license. On-sale intoxicating or on-sale 3.2% malt liquor may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria of Minn. Stat. § 340A.24. (2) Off-sale malt liquor brewer license (off-sale brewpub). A brewer with an on-sale brewpub license may be issued an off-sale malt liquor brewer license which shall permit the off-sale of malt liquor at the brewer’s licensed premises subject to the provisions of Minn. Stat. § 340A.24. a. A brewer may only hold one brewer off-sale malt liquor license. b. The only malt liquor sold on the licensed premises shall be malt liquor produced by the brewer at the brewery premises. (3) Brewer taproom license. A brewer taproom license may be issued to a holder of a brewer’s license, which authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. A brewer may only have one taproom license and may not have an ownership interest in a brewpub. (4) Brewer temporary on-sale intoxicating liquor license. A brewer temporary on-sale intoxicating liquor license may be issued to brewers who manufacture fewer than 3,500 barrels of malt liquor in a year for the on-sale of intoxicating liquor in connection with a social event within the city that is sponsored by the brewer. Subd. 11. Microdistiller license. 12 (1) Cocktail room license. The holder of a microdistillery license under Minn. Stat. § 340A.22 may be issued a cocktail room license. a. A cocktail room license authorizes the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. b. A distiller may only have one cocktail room license and may not have an ownership interest in a distillery licensed under Minn. Stat. § 340A.301, Subd. 6(a). (2) Microdistiller off-sale license. A microdistiller off-sale license may be issued to the holder of a state microdistillery license if at least 50% of the annual production of the licensee is processed and distilled on premises. An off-sale license herein authorizes off-sale of one 375 milliliter bottle per customer per day of product manufactured on-site provided the product is also available for distribution to wholesalers. (3) Microdistiller temporary on-sale intoxicating liquor license. A microdistiller temporary on-sale intoxicating liquor license may be issued to the holder of a state microdistillery license. A temporary on-sale license herein authorizes on-sale of intoxicating liquor in connection with a social event within the city that is sponsored by the microdistillery. Sec. 43-66 – General Conditions. All licenses granted under this chapter will be considered subject to the conditions in this section, all other applicable conditions of this code, and to all applicable provisions in the Zoning Ordinance. Subd. 1. Responsibility of licensees. Every licensee under this chapter is responsible for the conduct in the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee. Subd. 2. Sales to and consumption by persons under 21 years of age. (1) It is unlawful for any licensee or consumption and display permit holder to permit any person under the age of 21 years to consume alcoholic beverages on the licensed premises; (2) It is unlawful for any person: a. To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age; b. Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage; c. To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person’s driver’s license, permit, state identification card, or other form of identification by a person under the 13 age of 21 years for the purpose of purchasing or attempting to purchase any alcoholic beverage. d. To host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person. A person does not need to be present at the event or gathering to be in violation of the ordinance from which this subsection was derived. Subd. 3. Restrictions. All licenses are valid only for the compact and contiguous area described in the license and for no other area unless otherwise permitted by law. Subd. 4. Signage. For licenses that require signage to designate areas of consumption, such signs shall state: “NO ALCOHOL BEYOND THIS POINT” or “NO ALCOHOL PERMITTED IN THIS AREA” with letters that are two inches tall in contrasting letters. The signage shall be approved by the city clerk and/or building official. Consumption or sale of alcohol on non-licensed areas will be in violation of this ordinance and subject to a fine as stated in chapter 22, section 22- 9. Subd. 5. Posting. A retail license issued under this chapter must be posted in a conspicuous place in the premises for which it is issued. Subd. 6. Inspection of premises. All licensed premises shall be subject to inspection by any police officer, health officer or other designated officer or employee of the city during all hours the premises are open for business. Subd. 7. Transfer of License. Licenses are nontransferable from location to location or entity to entity. A new license application is required for any new location by an existing licensee or new ownership of an existing licensed premises. Subd. 8. Conduct of business: sales prohibited. An on-sale license holder may not sell liquor by the bottle or container for removal from the licensed premises. An off-sale license holder may not permit the consumption of any liquor on the licensed premises, except as authorized by Minn. Stat. § 340A.404, Subd. 11, which allows the removal of certain wine at a restaurant with an on- sale intoxicating liquor or wine license. Subd. 9. Gambling. No licensee may keep, possess, operate or permit the keeping, possession or operation of, on the premises or in any room adjoining the licensed premises controlled by the licensee, any slot machine, dice or other gambling device or apparatus, nor permit any gambling, gambling devices may be kept or operated, except as authorized by law. Raffles may be conducted on the licensed premises and adjoining rooms if licensed by the city. Subd. 10. Hours of Operation and Consumption time limit. 14 (1) Hours of Operation. a. Sales of intoxicating liquor shall be governed by the provisions of Minn. Stat. § 340A.504, except as provided below. b. On-sale intoxicating license holders may apply for a license to sell intoxicating liquor until 2:00 a.m., except that for license holders with a Sunday on-sale intoxicating liquor license the hours shall be between 8:00 a.m. on Sundays and 1:00 a.m. on Mondays. c. On Sundays, license holders with a 2:00 a.m. license and with seating capacity for at least 30 people, may sell intoxicating liquor in conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays only when a Sunday is followed by the Monday observing Memorial Day, July 4th or Labor Day. d. The off-sale of malt liquor may only be made during the same days and hours permitted at exclusive liquor stores. e. The on-sale of distilled liquor may only be made during the days and hours that the sale of on-sale intoxicating liquor is permitted. (2) Consumption time limitation. No on-sale licensee or employee or agent of the licensee may permit or allow any person to consume intoxicating liquor within the licensed premises more than 15 minutes after the time the sale of intoxicating liquors on the premises is prohibited. (3) Removal of containers. No licensee may permit any glass, bottle or other container containing intoxicating liquor in any quantity to remain upon any table, bar, stool or other place where customers are served, more than 15 minutes after the time when a sale can legally occur, except as authorized by Minn. Stat. § 340A.404, Subd. 11, which allows the removal of certain wine at a restaurant with an on-sale intoxicating liquor or wine license. (4) Closing. Except as otherwise provided in this section, no persons, other than a licensee’s cleaning or maintenance personnel, or licensed contractors related to a building project or employees actually engaged in the performance of their duties may be in the licensed premises between 15 minutes after the time when a sale can legally occur and 4:00 a.m. These provisions do not apply to any separate part of the premises that are open to the general public for business purposes unrelated to the sale of intoxicating liquor. Any violation of any condition of this subsection may be grounds for revocation or suspension of the licensee’s liquor license. Any person within the licensed premises at the time of such violation must immediately leave the premises upon order by a police officer. (5) Windows; shades or curtains. All licensed on-sale liquor establishments in the city must have curtains or shades, as designated by the Police Chief, fully opened at least 15 minutes prior to closing time. The establishment is responsible to ensure that the interior can be fully and easily observed from the outside of the establishment at all the times. 15 Subd. 11. Training. The licensee shall provide or arrange for documented training within 60 days after being hired, and annually thereafter, for every person selling or serving liquor. The training shall include education regarding the laws pertaining to the selling or serving of alcohol, the rules for identification checks, the responsibilities of establishments selling intoxicating liquors, and the use of age verification devices, if one is so required. The training shall be provided by an organization approved by the Police Chief. Subd. 12. Off-site storage prohibited. A holder of an intoxicating liquor license may not store any intoxicating liquor at any location other than the licensed premises. Sec. 43-67. – Action on license. Subd. 1. New or renewal application consideration. (1) City council action. The city council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from city staff regarding the application. (2) Procedure. At the city council meeting at which the license application is considered, any person must be provided an opportunity to be heard for or against the license. The city council may then take any of the following actions: a. Approve the license; b. Deny the license; c. Approve a provisional license; d. Approve the license with reasonable conditions; or e. Continue the license application. (3) Provisional license. The city council may convert a regular license to a provisional license to any existing business that has generated more than three violations of city code or state statutes within the preceding 5-year period. At the time of approval of the provisional license, the city council shall adopt a mitigation plan. The mitigation plan may include adding security measures, improving the exterior of the property, reducing or changing the hours of operation, holding neighborhood meetings, or other steps deemed appropriate. The license term for a provisional license shall coincide with the license term of a regular license. The decision approving a provisional license is final and subject to judicial review in accordance with state law. (4) License with reasonable conditions. The city council may add reasonable conditions upon approval of a regular license, if deemed appropriate. Subd. 2. License penalties. Upon the occurrence of one or more violations of city code or state statutes within the preceding 5-year period, the City may take action on a business license or licensed activity to impose a penalty pursuant to the fee schedule adopted by city council resolution. If the penalty is a fine, the City may issue an administrative citation pursuant to City Code Section 22-10, providing notice of the opportunity to appeal. If the penalty involves 16 suspension or revocation of the license, the City must hold a hearing following the process found in City Code Section 22-10 subd. 4. A penalty may be imposed on any licensee upon a finding of one or more of the following reasons: (1) The proposed use does not comply with the Zoning Ordinance; (2) The proposed use does not comply with health, building, maintenance or other provisions of the city code or state law; (3) The applicant has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (4) 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; (5) The applicant was convicted of any crime or offense in the previous five years involving or relating to the business that is licensed or the type of licensed activity and the applicant or licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (6) The licensee has conducted the licensed activity in such a manner as to constitute a breach of the peace, a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the Police Chief or an appropriate city official; (7) Expiration or cancellation of any required insurance or failure to notify the city within a reasonable time of changes in terms of the insurance or the carriers; (8) The licensee has acted in an unauthorized manner or beyond the scope of the license granted; (9) The applicant’s license has been denied, revoked or suspended by the city, the state or another government unit; (10) Failure to allow inspections of the licensed premises, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business; (11) Failure to continuously comply with all conditions required as precedent to the approval of the license; (12) Real estate or personal property taxes on the business premises have become delinquent and the property owner and the applicant are the same person or entity, or have any common ownership between the property owner and the applicant where they are a different person or entity; 17 (13) Violation of any regulation or provision of the city code or Zoning Ordinance applicable to the activity for which the license has been granted, or any regulation or state law that may be applicable; (14) The applicant or licensee has been found guilty of professional misconduct, either criminally or civilly; (15) Based on the findings of a background investigation, granting a license would be a menace to the safety, health, morals and welfare of the public; (16) The applicant or licensee is not of good moral character; (17) The licensee has violated a condition of its provisional license; (18) The activity has been conducted without a license; or (19) The licensee habitually permits unlawful conduct to occur in or upon the licensed premises. Subd. 3. Temporary suspension. The city council may immediately temporarily suspend a license when, in its judgment, the public health, safety and welfare is endangered by the continuance of the licensed activity. The temporary suspension may remain in effect until a penalty hearing can be held and a decision is made by the city council or a designated hearing officer. Subd. 4. Penalty hearings. A hearing for consideration of the imposition of suspension or revocation of the license, or in the cases of an appeal of a financial penalty, a hearing will be conducted before the city council or a designated hearing officer pursuant to City Code Section 22-10 subd. 4. (1) Final decision. Following the hearing, the city council or hearing officer may impose a penalty on the licensee as long as it is supported by findings of fact and the decision generally follows the penalties outlined in the City’s fee schedule. The penalty may provide for a combination of a fine and a suspension. If supported by the findings of fact, the penalty may be an upward or downward departure of the recommended penalty in the fee schedule. If the licensee is found in violation of the city code or a state statute, the licensee shall be required to pay for the cost of the hearing officer. (2) Findings. Any actions taken following a hearing shall be in the form of an order with findings of fact and shall be sent to or served upon the licensee. If the license is suspended, the dates of suspension shall be fixed; if the license is revoked, the effective date of the revocation shall be fixed; if the license is converted to a provisional license, the mitigation plan shall be included; if the penalty includes a fine, there shall be a date by which the fine must be paid. (3) Appeal from hearing. Notwithstanding City Code Section 22-10 subd. 4(5), which states that the decision of the hearing officer is final: 18 a. If a hearing officer makes a decision to suspend or revoke the license, then the licensee may appeal to the city council, as long as the licensee complies with the following: makes a written request to appeal within seven days after the licensee is served with the order of the hearing officer and pays the appeal fee pursuant to the fee schedule. The appeal hearing before the city council shall be limited in scope to determine if the hearing officer’s order is supported by the findings of fact. b. If the city council makes a decision to suspend or revoke the license, or if the council upholds the decision of the hearing officer, then the decision is final, subject to judicial review in accordance with state law. c. If either the city council or the hearing officer imposes any penalties other than suspension or revocation, the decision is final and subject to judicial review in accordance with state law. Secs. 43-68—43-105. - Reserved. Reserved. ARTICLE III. - 3.2 PERCENT MALT LIQUOR DIVISION 1. - GENERALLY Secs. 43-106—43-125. - Reserved. DIVISION 2. - LICENSE Sec. 43-126. – Required. Subd. 1. It is unlawful to sell 3.2 percent malt liquor at wholesale or retail without a license. The fee for such licenses shall be as established by city council resolution. Subd. 2. Definitions. Terms used in this section have the meanings given them by Minn. Stat. ch. 340A. Subd. 3. Conditions. (1) On-sale licenses permit the licensee to sell 3.2 percent malt liquor for consumption on the premises. On-sale licenses will be granted only to restaurants, hotels, drug stores, and to clubs for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of such 3.2 percent malt liquor is incidental and not the major purpose of the club. (2) Off-sale licenses permit the licensee to sell 3.2 percent malt liquor in the original package for consumption off the premises only. 19 (3) Temporary on-sale licenses may be granted to clubs, charitable, religious or non-profit organizations for the sale of 3.2 percent malt liquor. the term of a temporary on-sale license shall not exceed three days. On-sale licenses shall be subject to special terms and conditions as the council may prescribe. Sec. 43-127. - Persons eligible. No license may be issued to any person or entity who is ineligible under the provisions of section 43-62 or who is otherwise ineligible according to law. Sec. 43-128. - Application. Subd. 1. Every application for a 3.2 percent malt liquor license shall be made on a form provided by the city and must state: (1) The name and address of the applicant; (2) Whether the application is for on-sale or off-sale; (3) The business in connection with which the proposed license will operate and its location; (4) Whether the applicant is owner and operator of the business and how long the applicant has been in that business and at that place; (5) The name of the manager in charge of the business; and (6) Such other information as the city council may require or as required by state law. Subd. 2. It shall be unlawful to make any false statement in an application. Applications shall be filed with the city clerk. Subd. 3. Renewal applications shall be administered pursuant to section 43-64. Subd. 4. The applicant shall comply with all provisions of section 43-61. Sec. 43-128. - Action on License. The city council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from city staff regarding the application and shall follow the process outlined in section 43-67 for approval, renewal, denial, suspension or revocation of licenses. 20 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The amendments reorganize many sections of the existing liquor ordinance and clarify the application requirements for individuals, partnerships and corporations. It clearly sets out the process for obtaining a new license and for renewing a license, including having a background investigation, the requirements for insurance and the payment of fees. The amendments add some new license types, such as licenses for events in a city-owned sports facility or for community festivals, temporary off-sale wine licenses, culinary class on-sale, and microdistillers such as cocktail rooms. The ordinance allows the Council to approve a provisional license for those establishments who have more than 3 city code violations within 5 years. A provisional license includes a mitigation plan that the licensee must follow in order to keep its license. The process for approval, denial, suspension and revocation is carefully articulated so that the licensees will know what to expect at each stage of the process. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 31-216, NONCONFORMING USE REGULATIONS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Purpose. The purpose of this Ordinance is to allow nonconforming commercial uses within the RB Zoning District to be changed to another nonconforming commercial use. 1. Amending. Stillwater City Code Section 31-216, Nonconforming Uses or Structures, is amended by adding the following subsection (c) entitled Changes: (c) Changes. Upon determination by the Community Development Director or his or her designee, any lawful nonconforming use of a structure or parcel of land can be changed to a similar nonconforming use or to a more restrictive nonconforming use, provided: i. The enlargement, expansion, relocation or intensification will be compatible with adjacent property and the neighborhood; and ii. The enlargement, expansion, relocation or intensification will not result in significant increases of adverse off-site impacts such as traffic, noise, dust, odors and parking congestion. However, once a structure or parcel of land has been placed in a more restrictive nonconforming use, it shall not to return to a less restrictive nonconforming use unless granted a Conditional Use Permit by the City Council. 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to the law. Adopted by the City Council of the City of Stillwater this 4th day of December, 2018. CITY OF STILLWATER ______________________________ Ted Kozlowski, Mayor ATTEST: _______________________________ Beth Wolf, City Clerk ORDINANCE 1118 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING MAP OF THE CITY TO REZONE CERTAIN PROPERTY WITHIN THE AP – AGRICULTURAL PRESERVATION DISTRICT BY ADDING THEM TO THE RA – ONE FAMILY RESIDENTIAL DISTRICT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the subject property, location of which is legally described as: Lot 4, Block 1, Boutwell Valley Estates is hereby amended to RA, One-Family Residential. This proceeding is known as Planning Case No. 2018-55. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 4th day of December, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ORDINANCE 1119 AN ORDINANCE REPEALING CHAPTER 39A OF THE STILLWATER CITY CODE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section 1. Section 39A of the City Code is hereby repealed in its entirety. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 4th day of December, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: November 26, 2018 RE: Renewal of Wolf BierCycle License BACKGROUND Pat Wolf has been operating BierCycle Adventures in Downtown Stillwater for about six and a half years now. She plans to operate the cycle next year and is requesting renewal of the license for 2019. COMMENTS 1. Pat Wolf plans to operate the business in 2019 much the same as in 2018. This includes tours during November and December on Fridays and Saturdays as weather permits. Also, she offers her business as an activity associated with other events, such as the WCHS ice cream social. When she does this, her Cycle is included in the event permit application that is submitted by the event organizer. 2. The cost of the reserved parking space by the pedestrian walkway has been set by the Council, at the Parking Commission’s recommendation, at $3 per day for the single space that is needed. The rate is the same that is charged to the Stillwater Trolley. The total cost for parking at this rate would be $606 for 2019. See table for details. Month Number of days Comment Cost May 31 $93 June 30 $90 July 31 $93 August 31 $93 September 30 $90 October 31 $93 November 10 Fridays & Saturdays only $30 December 8 Fridays & Saturdays only $24 TOTALS 202 $606 RECOMMENDATION Staff recommends adopting the attached resolution, which conditionally authorizes staff to issue the 2019 license. bt Attachment: Resolution for 2019 RESOLUTION NO. 2018 - 266 RESOLUTION GRANTING LICENSE TO PATRICIA WOLF FOR THE OPERATION OF MULTI-PERSON CYCLE TOURS ON CITY STREETS IN 2019 AND RESCINDING RESOLUTION 2017-251 WHEREAS, Patricia Wolf has made a request to renew her license to operate BierCycle Adventures, a multiple-person tour cycle, on City roadways downtown; and WHEREAS, the City Council of the City of Stillwater approved Resolution 2017-251 on December 19, 2017 for a license to operate the tour cycle business in 2018; and WHEREAS, the business will operate in substantially the same manner in 2019. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Patricia Wolf to operate multi-person cycle tours on City roadways subject to the following conditions: 1. Upon review and approval of the license request by the Police Department and the Public Works Department, the City Clerk is authorized to issue a license to Patricia Wolf for the multiple-person tour cycle business. 2. Patricia Wolf may operate one multiple-person tour cycle in Stillwater. An increase in the number of cycles will require an amendment to this Resolution of Approval. 3. A license must be applied for annually from the City Clerk. The license is valid through December 31 of the year issued. 4. No license will be issued or renewed without proof of general liability insurance in the minimum amount of $1,500,000 per occurrence. 5. Operating restrictions and conditions: a. No multiple-purpose tour cycle may be operated upon a public sidewalk. b. No multiple-purpose tour cycle may use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multiple-purpose tour cycle. Consequently, each multiple-purpose tour cycle must be equipped with the following: i. Front and rear turn signals ii. Head lights iii. Tail lights iv. A hydraulic disc braking system v. An emergency brake in addition to a disc braking system vi. Any other equipment required to comply with applicable federal and state laws d. All multiple-purpose tour cycles are, at all reasonable times, subject to inspection by the City of Stillwater. e. Multiple-purpose tour cycle operators must have in their possession a valid driver's license while in control of any multiple-purpose tour cycle, and shall operate the tour cycle in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. f. Whenever alcohol is being served on a tour, the patrons who are legally allowed to drink alcoholic beverages must wear a colored wristband. g. All multiple-purpose tour cycle operators must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. h. The City reserves the right to alter or limit multi-purpose tour cycle operations to specified routes and streets if required for public safety reasons. i. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the multi-person tour bikes access to these areas. j. The City reserves the right to require that any idle multi-purpose tour cycle be parked in a specified location while idle or waiting for customers. k. Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license will be placed on the next available City Council agenda for review. 6. During periods of flooding, the City uses Water Street as a staging area and therefore during these times the tours will not be allowed to operate from this location. 7. The rate for the reserved on-street parking space on Water Street is $3 per day. The fee for 2019 will be $606 for the entire season. This must be paid by April 30th. The rate is subject to review and possible increase by the City Council annually. Adopted by the Stillwater City Council this 4th day of December, 2018. _____________________________ Ted Kozlowski, Mayor ATTEST: __________________________ Beth Wolf, City Clerk TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council Shawn Sande~ector of Public Works November 30, 2018 Assessment Waiver Appeal and Agreement 209 East Wilkins Street. DISCUSSION The property owner at 209 E. Wilkins Street has requested City assistance to replace a deteriorated sanitary service. The service is a little bit unique since it jointly serves two other properties downstream of the property. Instead of repairing the damaged service, the property owner will be installing a new service and separating themselves from the joint service. The property has asked that the City assistance be in the form, assessing the cost of the sewer service replacement to the property. The cost would be assessed over a five year period at 4.5%. The city attorney has prepared Assessment Waiver Appeal and Agreement for the property and the owner has agreed to and signed the document. RECOMMENDATION Staff recommends council consider and approve the Assessment Waiver Appeal and Agreement for 209 East Wilkins Street. ACTION REQUIRED If Council agrees with the recommendation, they should pass Resolution 2018-__ ADOPTING ASSESSMENT WAIVER APPEAL AND AGREEMENT 209 EAST WILKINS STREET. RESOLUTION 2018-267 APPROVING ASSESSMENT APPEAL WAIVER AGREEMENT FOR PID NO. 21.030.20.43.0099, 209 WILKINS STE BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the Agreement between Jon Archer and Amy Haugen. and the City of Stillwater for assessment appeal waiver, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorized the Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater, Minnesota this 4th day of December 2018 . Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Bill Wolfe Excavating P.O. Box 775 Stillwater, MN 55082-0775 651-430-2256 BWE 195@gmail.com Customer John Koch 209 Wilkins St E Stillwater, MN 55082 Item Description IO Install Sewer Service Permits. Directional bore 200 feet of2inch pump line. Core Drill through wall and patch foundation. Connect in manhole. Supply traffic control. IO Install Sewer Service Install 36"xl44" outdoor grinder basin with 2hp grinder pump. Note: Ifwe need to open up the street by manhole it will be an additional $2500.00. Total Estimate Date Estimate# 11/5/2018 1861 Project Total 6,400.00 8,700 .00 $15,100.00 CITY OF STILLWATER ASSESSMENT APPEAL WAIVER AGREEMENT FOR PID NO. 21.030.20.43.0099, STILLWATER, MN 55082 TIDS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER ("Agreement") is entered into and effective as of the 28 day of November, 2018 ("Agreement Date"), by and between the City of Stillwater, a Minnesota municipal corporation ("City"), Jon Archer, a single person, and Amy Haugen, a single person ( collectively "Owner"). WITNESSETH: WHEREAS, the Owner is the fee simple Owner of property legally described on Exhibit A, attached hereto and incorporated herein, ("the Property") that will be benefited by certain sanitary sewer replacement and related site work ("the Improvements"); and WHEREAS, the Owner is willing to agree to the levy of the Assessment Waiver Amount against the Property ("Assessed Property") for the Assessment Term with interest accrual at the Assessment Interest Rate; and WHEREAS, the City is willing to facilitate the Improvements which are necessary provided that the Improvements are funded by the Owner; and WHEREAS, the Owner is willing to waive their assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3 531 in return for the City's efforts to facilitate the collection of funding for the Improvements. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREE:MENT Section 1.01 Purpose. This Agreement is executed and delivered pursuant to the terms and conditions of the Development Agreement and includes the waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes a benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Off-Site Improvements. Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied assessment). ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Improvements, including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes§ 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement. ( c) Assessed Property: The real property that will be assessed for the Improvements, legally described on Exhibit A. ( d) Assessment Interest Rate: The interest rate for the special assessment levied against the property is 4.5% per year for the Assessment Term. ( e) Assessment Tenn: Except as provided in Section 3.02, the Assessment Term shall be five (5) years, beginning on the date of the assessment. (f) Assessment Waiver Amount: The total charge imposed by the City for the Improvements shall not exceed the amount of Twenty Thousand and 00/lOOths Dollars ($20,000.00), without the written consent of the Owner, which amount is to be assessed by the City against the Assessed Property on a pro-rata basis. The Assessment Waiver Amount is commensurate with the estimated special benefit of the Improvements to the Assessed Property. (g) City: The City of Stillwater, a Minnesota municipal corporation. 2 (h) Owner: Jon Archer, a single person, and Amy Haugen, a single person. (i) Improvements: Sanitary sewer replacement and related site work. G) Property: Real property legally described on Exhibit A. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owner covenant and agree with the City that: (a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the Washington County Auditor/Property Tax Assessor a special assessment against the Assessed Property up to the Assessment Waiver Amount for Improvements. The Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Assessed Property for Improvements up to the Assessment Waiver Amount. The Owner hereby waives any and all procedural and substantive objections to the special assessment up to the Assessment Waiver Amount against the Assessed Property, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Waiver Amount against the Assessed Property exceeds the benefit to the Property for the Improvements. The Owner acknowledges and agree that the benefit of the Improvements to the Assessed Property will equal the Assessment Waiver Amount. The Owner also acknowledges and agrees that the Assessed Property receives a special benefit equal to the Assessment Waiver Amount. The City and Owner acknowledge and agree that the waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Waiver Amount by operation of Minn. Stat.§462.3531. (b) Owner' Covenant Not to ue the City: Owner hereby covenant with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or for other relief from the payment of the City's levy of a special assessment up to the Assessment Waiver Amount against the Assessed Property. (c) Owner's Covenant that Owner is the Property Fee Owner: Owner covenant and warrant with the City that Owner is seized in fee of the Property and have good right to enter into this Agreement with the City. ( d) City Recording of th.i Agreement: The City will record this Agreement against the Assessed Property with the Washington County Recorder and/or Registrar of Titles. 3 ( e) When Payment is Due: Owner agrees to pay the Assessment Waiver Amount over the course of the Assessment Term beginning ______ _ Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with the Owner that: (a) Assessment Waiver Amount: The City agrees that the City will certify/levy a special assessment against the Assessed Property only up to the Assessment Waiver Amount for the Improvements pursuant to this Agreement, and any costs of the Improvements in excess of the Assessment Waiver Amount shall be paid by the City without any right to seek reimbursement or payment from the Owner and without any right to further assess the Assessed Property, without the written consent of the Owner. (b) Prepayment of Assessment: The City agrees that the Owner may prepay some or all of the City's assessment levy against the Assessed Property for the Improvements with no penalty and only with interest accrual pursuant to Minn. Stat.§ 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. Section 4.02 Attorneys' Fees, Costs and Expenses. The Owner agrees to pay the City the amount of the City's assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees, costs and expenses to defend the special assessment levy by the City pursuant to this Agreement. The Owner acknowledges and agrees that the Owner would be unjustly enriched if the City's assessment levy pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Assessed Property since the Owner requested the Improvements and this assessment financing for the Improvements. The Owner agrees that the court with jurisdiction over the Assessed Property shall award the City the assessment levy up to the Assessment Waiver Amount with accrued interest together with the City's attorneys' fees, costs and expenses for breach of the Owner's covenant not to appeal or sue the City pursuant to Article III, Section 3.0l(b). Notwithstanding the foregoing, Owner's obligation to reimburse the City for costs and expenses, including attorney's fees, in any action regarding the special assessment levy shall only apply if the Owner is the plaintiff in an action to set aside a special assessment equal to or less than the Assessment Waiver Amount. 4 ARTICLEV GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: If to the Owner: City of Stillwater Attention: City Administrator 216 4th Street North Stillwater, MN 55082 Jon Archer and Amy Haugen 209 Wilkins Street East Stillwater, MN 55082 Section 5.02 Non-Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall any party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the Property or any portion thereof, with an executed copy of this Agreement if the Owner sells any 5 interest in the Property following the execution of this Agreement by the Owner and the City but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. [The remainder of this page was intentionally left blank.] 6 IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by their duly authorized representatives. CITY: CITY OF STILLWATER By:, ___________ _ Ted Kozlowski Mayor By: ___________ _ Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of 2018, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 7 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally described as: The North~ of Lot Six (6) and the East 60 feet of the North 35 feet of the South~ of Lot Six ( 6), all in Block Nine (9), Carli and Schulenberg' s Addition to Stillwater, Washington County, Minnesota. A-1   Date: November 29, 2018 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll‐off Hauler License DISCUSSION: Advanced Disposal Services has submitted the required information and fee for their 2019 Solid Waste, Recycling and Roll‐off Hauler License. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting resolution APPROVING SOLID WASTE, RECYCLING AND ROLL‐OFF HAULER LICENSE contingent upon the satisfactory completion of application submittal requirements.   RESOLUTION 2018‐268 APPROVING SOLID WASTE, RECYCLING AND/OR ROLL‐OFF HAULER LICENSE WHEREAS, Advanced Disposal Services has submitted an application for a new hauler license for 2019; and WHEREAS, approval is contingent upon satisfactory completion of application submittal requirements. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Commercial Solid Waste/Recycling or Roll‐off Hauler License for Advance Disposal Services. Adopted by Council this 4th day of December 2018. _____________________________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk STILLWATER POLICE DEPARTMENT TO: CITY ADMINISTARTOR THOMAS MCCARTY FROM: CHIEF JOHN GANNAWAY SUBJECT: POSSIBLE APPROVAL OF PURCHASE OF UNMANNED AERIAL SYSTEM (UAS) DATE: NOVEMBER 16, 2018 CC: [NAME] Please consider this memorandum as the Police Department’s request to purchase and implement a UAS (commonly known as a drone). Attached is an estimate for a complete UAS system and accessories, as well as a policy and certificates from the FAA authorizing two Police Dept. personnel to operate a UAS. The ‘stigma’ of law enforcement agencies operating UAS’s has eased tremendously over the past few years. Law Enforcement agencies use UAS for a multitude of public safety services, and strict policies prohibit the use of UAS that would be in conflict of constitutional privacies. Our draft policy follows those guidelines. The draft policy was submitted to City Attorney Land, recommended changes were made. Because of the nature of our community, there are numerous uses for UAV. Event security/crowd monitoring, searching for missing persons/suspected persons in open areas, and assistance in emergency management situations. Budget-wise, we have substantial savings in several areas of the Dept. budget and can easily afford the cost of the UAS, which is far less expensive than originally thought. The UAS plus accessories will cost an estimated $2716. Two Police Dept. members have been certified by the FAA as UAS operators, therefore ensuring compliance with a FAA rules and guidelines related to Law Enforcement UAS use and Department Policy. FrontRow Entertainment Systems, llC 2290 Periwinkle Ave, N. -Stillwater, MN 55082 Todd McNurlin P: 6512694180 E: todd@fresys.com Modified: July 12, 2018 Revision: 1.0 Professional Drone Equipment Proposal Stillwater Police Department 216 4th Street N. Stlllwater, MN 55082 Ph.651-439-9381 Presented By: Todd McNurlln FrontRow Entertainment Systerm, LlC FrontRow Entertainment Systems, LLC 2290 Perlwlnkle Ave . N. Stlllwater, MN. 55082 651-269-4180 P: 6512694180 www.fresys.com FrontRow Entertainment Systems, LLC Qty Description Professional Drone and Flight Equipment 22'i0 f'eriwinkle Ave, N -Stillwater, MN 55082 I oclcl J\/lcNu1 lin P: 651 269 4180 E: todd@fresys.com Price 1 OJI Phantom 4 Pro V2.0 Drone $1499.00 High Performance Professional Drone with 1-inch 20MP Exmor R CMOS sensor, longer flight time and smarter features. (Includes 1 Batt.) 1 Phantom 4 Series Low-Noise Propellers -4DB lower noise propellers 1 PGYTECH Drone Landing Pad (75cm) Portable Drone Landing Target/Pad 2 SanDisk Extreme mlcroSD Card 64GB High Speed 64GB Micro SD Card 3 Phantom 4 Series Intelligent Flight Battery 30-minute flight time, View battery status via DJI GO app, Self-discharge protection, Over-charge and discharge protection 1 Phantom 4 Pro/Adv NDS FIiter Drops light 3 stops for bright video shooting 1 Phantom 4 Serles Propeller Guards Set of four propeller guards 1 Phantom 4 Serles Battery Charging Hub 4 Battery rapid charging intelligent battery hub 1 Phantom 4 Series Car Charger Single Battery Car Charger Adaptor Professional Drone and Flight Equipment Total: P: 651 269 4180 www.fresys.com $10.00 $12.00 $68.00 $507.00 $29.00 $19.00 $90.00 $62.00 $2,296.00 FrontRow 2290 Periwinkle Ave, N. -Stillwater, MN 55082 Entertainment Systems, UC Todd McNurlin P: 6512694180 E: todd@fresys.com Equipment Sub Total: $2,296.00 Project Summary Equipment & Wire Total: $2,298.00 Misc. Parts: $0.00 * Labor: $0.00 Sub Total: $2,298.00 Sales Tax: Exempt Total: $2,296.00 Cllent: Date Contractor: FrontRow Entertainment Systems, LLC Date P: 6512694180 www.fresys.com Stillwater Police Department Policy  9.10  Unmanned Aerial System (UAS) Operations  9.10.1 Purpose and Scope  The purpose of the policy is to establish guidelines for the use of an unmanned aerial system (UAS) and  for the storage, retrieval and dissemination of images and data captured by the UAS.  9.10.2 Definitions  Definitions related to this policy include:  Unmanned Aerial System (UAS) – An unmanned aircraft of any type that is capable of sustaining  directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned  aerial vehicle (UAV), and all the supporting or attached systems designed for gathering information  through imaging, recording or any other means.   9.10.3 Policy  A UAS may be utilized to enhance the protection of lives and property when other means and resources  are not available or are less effective.  Any use of a UAS will be in strict accordance with Federal and  State constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.  9.10.4 Privacy  The use of the UAS involves potential privacy considerations.  Absent a warrant or exigent  circumstances, operators and observers shall adhere to FAA altitude regulations and shall not  intentionally record or transmit images of any location where a person would have a reasonable  expectation of privacy (e.g., residence, enclosure).  Operators and observers shall take reasonable  precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable  expectation of privacy.  Reasonable precautions include, for example, deactivating or turning imaging  devices away from such area or persons during UAS operations.  Inadvertent recording or transmissions  shall not be destroyed except in accordance with the established records retention schedule.  9.10.5 UAS Coordinator  The Chief of Police will appoint a program coordinator who will be responsible for the management of  the UAS program, UAS Coordinator.  The UAS Coordinator will ensure that policies and procedures  conform to the UAS program, current laws, regulations and best practices the UAS Coordinator will have  the following responsibilities:   ‐ Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and  ensuring that the COA is current and updated as necessary.   ‐ Ensuring that all authorized operators and required observers have completed all required  FAA and office‐approved training in the operation, applicable laws, policies and procedures  regarding use of the UAS.  ‐ Developing a uniform protocol for requests to deploy a UAS, including urgent requests made  during ongoing or emergency incidents, depending on the type of mission.   ‐ Developing protocol for conducting criminal investigations involving a UAS, including  documentation of time spent monitoring a subject.  ‐ Developing an operations protocol governing the deployment and operation of a UAS  including, but limited to, safety oversight, use of visual observers, establishment of lost link  procedures and secure communication with air traffic control facilities.  ‐ Developing a protocol for fully documenting all missions.  ‐ Developing a UAS inspection, maintenance and record‐keeping protocol to ensure  continuing airworthiness of a UAS, up to and including its overhaul or life limits.  ‐ Developing protocols to ensure that all data intended to be used as evidence are accessed,  maintained, stored and retrieved in a manner that ensures its integrity as evidence,  including strict adherence to chain of custody requirements.  Electronic trails, including  encryption and date and time stamping, shall be used as appropriate to preserve individual  rights.  ‐ Developing protocols which are consistent with departmental policies as it pertains to  retention and purge periods.    9.10.6 Use of UAS  Only authorized operators who have completed the required training shall be permitted to operate the  UAS.  Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally  available to the public) is permissible in viewing areas only where there is no reasonable expectation of  privacy or when used in compliance with a search warrant or court order.  In all other instances, legal  counsel should be consulted prior to use of vision enhancement technology.   9.10.7 Prohibited Use  The UAS video surveillance equipment shall not be used:  ‐ To conduct random surveillance activities  ‐ To target a person based solely on individual characteristics, including, but not limited to,  race, ethnicity, national origin, religion, disability, gender or sexual orientation.  ‐ To harass, intimidate or discriminate against any individual or group.  ‐ To conduct personal business of any type.  The UAS shall not be weaponized.  9.10.8 Retention of UAS Data  Data collected by the UAS shall be retained as provided in the established records retention schedule.          9.10.9 Assisting other Agencies & Callouts  Members of the Department who are selected to operate the UAS will:   + Assist other agencies who request the use of the UAS; i.e. Law Enforcement, Fire, Ambulance  Agencies, etc. There must be an “In Progress” incident to justify a Callout.  When practical, if a request  is made for training or investigation purposes, prior approval can be given by the Patrol Captain, or the  Supervisor in charge of the UAS program when the Captain is not available.   + Assisting other departments within the City of Stillwater; (i.e. Public Work, Building  Inspections).  Requests should be made to the Captain.   + When responding to a request for the use of the UAS, approval should come from the Patrol  Captain and shouldn’t drop staffing below minimums, unless an emergency exists.     + UAS operators assigned to the Washington County Swat Tech Team, are allowed to use the  UAS for callouts and monthly trainings.  When practical, prior notification shall be provided to the Patrol  Captain.           2019 Truth-in-TaxationBudget MeetingDecember 4, 2018J. Thomas McCartyCity Administrator2019 Truth-in-TaxationBudget MeetingDecember 4, 2018J. Thomas McCartyCity AdministratorCITY OF STILLWATERCITY OF STILLWATER 2019 Budget2019 BudgetThe City of Stillwater provides a wide range of services including:Police & Fire ProtectionBuilding Inspections/Permits, PlanningStreet Maintenance, EngineeringAdministration, Elections, Human ResourcesFinanceSt Croix Valley Recreation Center and Lily Lake Ice ArenaLibraryParks, Community BeautificationSanitary Sewer & Storm SewerSigns & LightingParkingInfrastructure, Capital Improvements 2019 Proposed Operating Revenues*2019 Proposed Operating Revenues*Property Taxes63%Franchise Fees3%Lodging Tax1%Licenses/Permits5%Intergovernmental9%Charges for Services18%Fines & Forfeits0%Miscellaneous1%Revenue TypeAmountProperty Taxes$10,152,425Franchise Fees$468,000Lodging Tax$230,000Licenses/Permits$733,130Intergovernmental$1,419,540Charges for Services$2,842,883Fines & Forfeits$73,500Miscellaneous$213,760Total Operating Revenues$16,133,238* Includes General Fund and budgeted Special Revenue Funds. Excludes Bond Proceeds. 2019 Proposed Operating Expenditures*2019 Proposed Operating Expenditures*Expenditure TypeAmountGeneral Government$4,386,720Public Safety$5,992,893Public Works$1,635,669Culture & Recreation$4,021,511Total Operating Expenditures$16,036,793General Government28%Public Safety37%Public Works10%Culture & Recreation25%* Includes General Fund and budgeted Special Revenue Funds. Excludes Capital Outlay and Debt Service contribution.Public Safety:General Government:Police, FireMayor & City CouncilBuilding InspectionsElections, MISEmergency Management Finance, Lodging TaxPublic Works:Administration, HREngineeringCulture & Recreation:City AttorneyStreetsSpecial EventsPlant/City HallWACO RecyclingLibrary, ParksCommunity DevelopmentCommunity BeautificationUnallocated Consulting FeesOperating BudgetDepartmentPurposeRequested Proposed Reduced to* RecommendedMayor/Council Lobbyist$25,000 $25,000$0$25,000Administration PW Organizational Review$40,000 $40,000$30,000$40,000CommunityDevelopmentAiple Property Plan$35,000 $17,500$17,500$17,500CommunityDevelopmentBergstein Property Plan$15,000 $15,000$15,000$15,000CommunityDevelopmentEntrance Monument Design$15,000 $15,000$15,000$15,000CommunityDevelopmentComp Plan Ordinance Amendments $25,000 $10,000$10,000$10,000CommunityDevelopmentHPC Matching Funds$5,000 $5,000$5,000$5,000Engineering ADA Study$45,000 $45,000$0$45,000TOTALS $205,000 $172,500 $92,500 $172,500* Possible funding source if SAFER grant was accepted Property Tax LevyProposed 2019 vs Adopted (Actual) 2018 with trend dataProperty Tax LevyProposed 2019 vs Adopted (Actual) 2018 with trend dataCITY-WIDE LEVY2018Adopted2019Proposed$ Increase/Decrease% Increase/DecreaseGeneral Operating Tax Levy $9,379,459 $10,026,425 $646,966 6.898%Debt Service Tax Levy $3,437,356 $3,773,801 $336,445 9.788%Totals$12,816,815 $13,800,226 $983,411 7.673%$0$2,000,000$4,000,000$6,000,000$8,000,000$10,000,000$12,000,000$14,000,000$16,000,0002010 2011 2012 2013 2014 2015 2016 2017 2018 2019*General Operating Tax LevyDebt Service Tax Levy* Proposed Significant 2019 Budget ImpactsSignificant 2019 Budget Impacts6.2 % (average) increase in market value from 2018 to 2019 for residential properties7.5% increase in total (City) taxable value15% increase in Health Insurance3% contractual increase in wagesAdditional 1.0 FTEHR Specialist – Starting July1Capital Outlay Bond Issuance2019 Capital Purchases - $2,6664,2502019 Street Project- $450,000 City Property Tax RatesLast 9 Years and Estimated 2019*City Property Tax RatesLast 9 Years and Estimated 2019*0%10%20%30%40%50%60%70%2010 2011 2012 2013 2014 2015 2016 2017 2018 2019*Year Rate2010 49.432%2011 52.539%2012 54.674%2013 61.503%2014 58.216%2015 54.916%2016 56.996%2017 56.927%2018 53.790%2019* 53.998% LGA and General Property Tax Levy* TrendLGA and General Property Tax Levy* Trend$0$2,000,000$4,000,000$6,000,000$8,000,000$10,000,000$12,000,0002010 2011 2012 2013 2014 2015 2016 2017 2018 2019LGALevy*The Levy presented in this slide does NOT include the Debt Service Levy Property Tax RateProposed 2019ItemActual Pay 2018Proposed Payable 2019% ChangeProperty Tax Levy $12,816,815 $13,800,226 7.7%Fiscal Disparity Portion of Levy‐$1,369,408 $1,358,127‐0.8%City’s Portion of Levy=$11,447,407 $12,442,099 8.7%City’s Taxable Tax Capacity÷21,428,697 23,041,697 7.5%City Tax Rate=53.421% 53.998% 1.1%Formula: Total City Property Tax Levy City’s Taxable Tax Capacity = City Tax RateThe following assumptions are based on data (which are estimates at this time) provided by Washington County:Assumptions7.5% increasein the City’s Taxable Tax Capacity.0.8% decrease in the Fiscal Disparity Portion of Levy. Tax ImpactProposed 2019Tax ImpactProposed 2019Actual Payable 2017 Proposed Payable 2018From 2017 to 2018MarketValueTaxCapacityActualCity TaxRateCityProperty TaxTaxableMarketValueTaxCapacityProposedCity TaxRateCityProperty Tax $ Change % Change256,400* 2,422 53.421% $1,293.86 272,300 2,596 53.998% $1,401.79 $107.93 8.3%94,200 654 53.421% $349.37 100,000 718 53.998% $387.71 $38.34 11.0%141,200 1,167 53.421% $623.42 150,000 1,263 53.998% $681.99 $58.57 9.4%235,400 2,193 53.421% $1,171.52 250,000 2,353 53.998% $1,270.57 $99.05 8.5%376,600 3,733 53.421% $1,994.21 400,000 3,988 53.998% $2,153.44 $159.23 8.0%Assumptions6.2% increase in Market Value in Residential Properties from 2018 to 2019Information is based on Residential Homestead PropertiesMarket Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature.*Median value home in Stillwater.Data based on information provided by Washington County Where Does Your Property Tax Dollar Go?How the City spends each dollar it receives from the tax levyPublic Safety33¢General Government23¢Debt Service21¢Culture & Recreation14¢Public Works9¢Public Safety:Police, FireBuilding InspectionsEmergency ManagementGeneral Government:Mayor & City CouncilElections, MISFinanceAdministration, HRCity AttorneyPlant/City HallCommunity DevelopmentUnallocatedCulture & Recreation:Special EventsLibrary, ParksCommunity BeautificationPublic Works:Engineering, Streets City of Stillwater Estimated Property Tax Allocation – All Taxing JurisdictionsCity of Stillwater Estimated Property Tax Allocation – All Taxing JurisdictionsCity of Stillwater, 44.21%Washington County, 22.03%Stillwater School District, 30.71%Other Taxing Districts, 3.05%Other Taxing Districts include:Met CouncilMet Council TransitMetro Mosquito ControlBrowns Creek WatershedWashington County HRA QUESTIONS ???QUESTIONS ???CITY OF STILLWATER RECOMMENDATION Staff requests that Council consider the following dates be changed/added: Charter Commission -set the proposed dates of April 22nd, June 17th and December 9th, 2019. Planning Commission -change regular monthly meeting dates from the 2nd Wednesday of each month to the 4th Wednesday of each month. City Council -change/add the following: Current Meeting Date January 1st -New Years Day January 15th August 6th -Night to Unite Additional Budget Workshop Date ACTION REQUIRED Suggested Meeting Date Tuesday, January 8th (7:00 p.m.) Tuesday, January 22nd (7:00 p.m.) Tuesday, July 30th (7:00 p.m.) Tuesday, August 27th ( 4:30 p.m) Review possible meeting dates and changes and adopt Resolution ADOPTION OF 2019 CITY COUNCIL AND BOARDS/COMMISSIONS MEETING CALENDAR. ADOPTION OF 2019 CITY COUNCIL AND BOARDS/COMMISSIONS MEETING CALENDAR WHEREAS, Sec. 22-1. Council meetings of the City Charter states that the City Council shall by resolution establish the time and date on which the regular meetings are to be held and may from time to time by resolution change the time and date of the regular meetings. NOW THEREFORE, the Stillwater City Council has adopted the attached City Council and Boards/Commissions meeting calendar for 2019. Adopted by the Stillwater City Council this 4th day of December, 2018. Ted Kozlowski, Mayor ATIEST: Beth Wolf, City Clerk WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 4, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services ITEM A. Approve the November 20, 2018, County Board meeting minutes. B. Approve county comments on the creation of Tax Increment Financing District 1-19 in the City of Cottage Grove. C. Resolution -Modify the Workforce Development Board member composition. *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. Assistive listening devices are available for use in the County Bosrd Room If you need assistance due to dlseb//ily or languag• barrier, please call (651 J 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER Current adaptation to several light standards in Downtown Stillwater Xcel Energy had to cut off the tall lights due to deterioration. Stillwater Public Works decorated them for the winter season . Metro Counties Government Center 2099 University Avenue West Saint Paul, MN 55104-3431 Phone: 651-645-9149 FAX: 651-645-3246 TTY use Minnesota Relay Service Website: www.mmcd.org November, 2018 Stillwater City Administrator Mr. Tom McCarty 216 North Fourth Street Stillwater, MN 55082 Dear Mr. McCarty, Enclosed is a summary of work done by the Metropolitan Mosquito Control District (MMCD) in the city of Stillwater area during the 2018 mosquito control season. 2018 was characterized by heavy snow in April, following by a quick warm-up and a very wet Spring. Overall, the 2018 season was very similar to 2017. District Staff inspected almost 25,000 breeding sites for mosquito larvae and applied 189,499 acres worth of treatments which is very similar to the 192,000 acres treated in 2017. As of the end of October, 2018, the Minnesota Department of Health (MDH) had reported 52 human WNV illnesses in residents of the state. Fifteen of the individuals reside in the District; eight in Hennepin County, three in Ramsey County, two in Anoka County, and two in Dakota County. Reports of 22 WNV positive blood donors have been received by MDH including 11 from residents of the District. No cases of La Crosse encephalitis were reported in residents of the state. MMCD employees continued to monitor and control populations of mosquitoes capable of transmitting disease right up until we received our first frost this fall. MMCD staff also continued to monitor the distribution of ticks capable of transmitting disease, and worked with the Minnesota Department of Health to provide information designed to reduce the risk of tick transmitted diseases. MMCD employees controlled immature black flies in small steams and large rivers throughout the metropolitan area. At the end of May and again in early July we experienced localized high populations of black fly (biting gnat) adults associated with the Minnesota River flow being so high that larval treatments could not be made safely. Black fly adult abundance decreased after treatments resumed in mid-July. To date this year, 65 black fly larvicide treatments have been made to the rivers and streams in the District, similar to the 63 treatments completed in 2017. If you have any questions, or would like to meet to discuss our agency's activities within Stillwater, please contact me. Step -n A. Manweiler, Executive Director Phone: (651) 643-8365 Email: mmcd _ sam@mmcd.org Metropolitan Mosquito Control District 2017 Activity Summary -Stillwater Service Summary Larval Sites Inspected = 185 Larval Mosquito Treatments = 923 .52 acres Adult Mosquito Inspections = 5 5 Adult Mosquito Treatments= 78.02 acres Customer Calls = 22 Disease Prevention Property Inspections = 11 Catch Basins Treatments= 3,202 Tires Removed = 409 Special Events Tire Removal for Stillwater City Clean-up Areas Regularly Treated Anez Ridge Park JC Ball Field Northland Park Browns Creek Park Stillwater County Club WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 27, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Public Works Sheriffs Office ITEM A. Approve the November 13, 2018, County Board meeting minutes. B. Approve reappointment of Anthony Haider, Lake Elmo, to the Valley Branch Watershed District, to a term expiring November 14, 2021. C. Approve appointment of Jack Lavold, Cottage Grove, to the South Washington Watershed District, to a term expiring May 1, 2020. D. Approve Amendment No. 5 to Lease Agreement 9255 with the Youth Service Bureau, and Amendment No. 4 to Lease Agreement 9253 with Valley Tours, Inc. for office space at the Washington County Historic Courthouse. E. Resolution -Authorize service agreement between Stanley Convergent Security Solutions, Inc. and the Washington County Sheriffs Office, Jail Division. *Consent Calendar items are generally defined as items ofroutine 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. Asslstive listening devices are a val/able for use in the County Board Room II you nood assistance duo lo disability or language barrier, please call (651/ 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER