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Home My WebLink About2018-12-12 CPC Packet PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North December 12th, 2018 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of November 14th, 2018 regular meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may 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. V. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 2. Case No. 2018-14: Consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-204: Generally, 31-209: Design Permit, Section 31-315: Allowable Uses in Residential Districts and Section 31-325: Allowable Uses in Non-Residential Districts. CPC Case No. 2018-14. The aforementioned Case will also affect City Code Section 22-7 Heritage Preservation Commission and Chapter 24 Streets, Alleys and Public Property. VI. FYI – STAFF UPDATES 1. Minar Moratorium Update 2. 2019 Workplan Update 3. 2019 Meeting Schedule VII. ADJOURNMENT PLANNING COMMISSION MEETING MINUTES November 14, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:04 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon, and Siess; Councilmember Menikheim Absent: Commissioner Lauer Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of October 10, 2018 regular meeting Commissioner Siess requested that the word “said” be changed to the word “questioned” on page 4 in the sentence, “Commissioner Siess said, and the citizens can have input on it.” Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve the minutes of the October 10, 2018 meeting with the requested change. Motion passed 5-0-1 with Commissioner Hade abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-58: Consideration of a Conditional Use Permit and variances to operate a Short Term Home Rental on the properties located at 109, 121 and 125 Owens Street South in the RB district. Heidi Rosebud, Just For Me Spa, property owner. City Planner Wittman stated that Heidi Rosebud owns three short term rental houses on Owens Street between Myrtle and Olive Streets. The houses are available only for guests of Just For Me Spa. The RB, Two-Family Residential zoning for the properties allows short term rentals with a Conditional Use Permit (CUP) and a license. Ms. Rosebud applied for the CUP for a Type C Short Term Home Rental (STHR). She is also requesting variances to allow for additional guests beyond the number allowed for two of the three properties. Staff finds that all of the STHR regulations are satisfied; that the variance requests are in harmony with City codes; and that the three-factor practical difficulty test is met. Therefore, staff recommends approval of the CUP and the variances with 12 conditions. Planning Commission November 14, 2018 Page 2 of 5 Commissioner Hansen asked about the sleeping quarters in the two rentals for which variances for additional guests are being requested. City Planner Wittman replied it’s not so much bedrooms as beds. The properties have been operating and have not been found to be a nuisance to the neighborhood. They are rented only to spa clients. There are enough beds to accommodate the number of guests proposed by the applicant. Commissioner Siess asked if square footage is a factor. Ms. Wittman said there are no requirements concerning square footage of STHRs in the zoning code. Commissioner Hansen asked, since the properties are all owned by the same person, is consideration given to allowing vehicles to park on an adjoining property if needed, to avoid on-street parking? Ms. Wittman replied that parking must occur on the subject properties, not on the street. The property owner could be required to ensure parking is spread between the three properties. However the properties are legally separate, so that would be difficult to enforce. Commissioner Kocon pointed out that the parking requirements are met on site without on-street parking. Heidi Rosebud, applicant, stated she has owned Just for Me Spa for 30 years and has owned the rental homes for 13 years. Renters are spa clients. The rentals are not used for Vacation Rental By Owner (VRBO). Chairman Collins opened the public hearing. Richard Reed, 118 Owens Street South, voiced strong support for the CUP and variances. He said the homes are well cared for and their rental has caused no problems. The clients are always well mannered and friendly. Sue Daniels, 917 Myrtle Street West, spoke in support of the request and agreed with Mr. Reed. Terry Holman, 206 Greeley Street, said since they moved there in July they have had occasion to rent from Ms. Rosebud and feel she is a good neighbor. Chairman Collins closed the public hearing. Commissioner Kocon noted that the business has a good track record according to the comments of neighbors. He supports the requests. Commissioner Siess referred to a previous case where the applicant wished to accommodate additional guests in a room that was not a bedroom. Ms. Wittman stated in the previous case, it was an open room that did not meet egress requirements so the building official said it could not be considered a bedroom. Commissioner Siess said this is not a bedroom either and it is above ground. Planning Commission November 14, 2018 Page 3 of 5 Commissioner Hansen commented that egress is about window size. The previous case had no egress other than the stairs. Ms. Wittman stated this case meets the code requirements in that occupants could exit through the windows on the second story. Commissioner Siess said she struggles with how staff made its argument in this case for reasonableness and uniqueness, and the justification that the issue of number of guests at 109 and 125 Owens is driven by guest wishes more than the landowner’s, because spa guests want an overnight stay. From a planning perspective, she feels the City needs to do a better job. Commissioner Kocon noted it is common for 600 square foot units and two room hotel suites to sleep four people. As long as the units have egress, which these have, he does not have a problem with either the staff report or the variances. Chairman Collins noted that Commissioner Siess brought up valid points. He struggles with the variance for three additional guests for 109 Owens. With this being the first time the Commission is addressing a variance for a STHR, it’s a slippery slope. He has no problem with one extra guest in the 125 Owens Street house. Commissioner Hansen said he is more concerned with allowing one more guest in the 125 Owens Street house, asking for 8 where 7 are allowed, than than he is with the 109 house because it is a very large room. He is in favor of the request for a permit, and in favor of granting one additional guest in the two homes requesting additional guests. Commissioner Fletcher said the testimony was helpful in reflecting on the demeanor of guests and the number of cars. She supports the requests. Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to approve the Conditional Use Permit and the variances with the 12 conditions recommended by staff. Motion passed 5-1 with Commissioner Siess voting nay. Commissioner Siess said she would like it on record that she really struggles when the wishes of business patrons are factored into planning decisions because approval then implies that the Commission agrees. She feels that from a planning perspective, the City needs to tweak the ordinance or tweak how the Commission looks at these variances. Case No. 2018-59: Consideration of a Special Use Permit for an Accessory Dwelling unit above the garage on the property located at 904 Harriet Street South in the RB district. Brian and Kasey Posch, property owners. City Planner Wittman stated that Brian and Kasey Posch received Heritage Preservation Commission approval for the demolition and reconstruction of the structure at 904 Harriet Street South. They are planning to construct a detached garage with a second story Accessory Dwelling Unit (ADU). They are requesting a Special Use Permit (SUP) for the ADU to be located above the garage. Millie Westcott, 918 Harriet Street South, and the Booher family, 921 Harriet Street South, wrote in support of the project. Robert Gambone and James Peterson, 622 Churchill, indicated they support the application, but they expressed concern about the number of vehicles parked near the Planning Commission November 14, 2018 Page 4 of 5 property line and about the possibility of a rental unit that may not fit the quiet, residential character of the neighborhood. Staff finds that, with certain conditions, the proposed ADU meets the SUP provisions and recommends approval of an SUP for the construction of an ADU at 904 Harriet Street South with eight conditions. Kasey and Brian Posch, applicants, stated they are excited to be part of the neighborhood. Chairman Collins noted the plan fits nicely in the neighborhood. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Siess, to approve the Special Use Permit for an Accessory Dwelling Unit above a garage at 904 Harriet Street South with the eight conditions recommended by staff. Motion passed 6-0. Case No. 2018-60: Consideration of a Variance to build a detached garage on the property located at 125 Martha Street North, in the RB district. James Barton, property owner. Ms. Wittman explained that James Barton applied for variances to construct a 22 foot wide by 30 foot deep garage at the property located at 125 Martha Street North. He is requesting the new garage be located 8 feet from the Rice Street West right-of-way. Thus, the following variances are required: 1) A 22 foot variance to the 30 foot exterior side yard setback; 2) A variance to the 25% maximum structural lot coverage for the additional 603 square feet of structural surface area, representing a total of 36.12% of the lot area; and 3) A variance to the 10% maximum lot coverage for accessory buildings for the additional 91 square feet of surface area, representing a total of 12.17% of the lot area. This represents a 2% change in coverage from what currently exists on the property. On the basis that the application is in harmony with the intent of the zoning ordinance, consistent with the comprehensive plan, and that the applicant has established practical difficulty, staff recommends approval of the variances for the construction of a detached garage at 125 North Martha Street, with five conditions. Commissioner Fletcher asked the applicant his thoughts on creating a rain garden. Mr. Barton replied he would put in a rain garden but it may need to be on City property due to the small size of the lot. His yard is already heavily landscaped. He can definitely deal with drainage off the east side of the garage roof toward the property line. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Commissioner Hansen pointed out water will be an issue. Rain gardens are great if they’re maintained but he doesn’t see a need to include it as a condition of approval considering the additional City land (boulevard) that is there that the groundwater can soak into. Commissioner Fletcher remarked she likes the tire track path alternative suggested by staff. Planning Commission November 14, 2018 Page 5 of 5 Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to recommend approval of variances to build a detached garage at 125 Martha Street North with the five conditions recommended by staff. City Planner Wittman asked if the Commission would allow the applicant to use an alternative design so to not limit them to the two tire strips stated in the recommended conditions. Commissioners Fletcher and Kocon agreed to amend the motion to remove the second condition that would have required the driveway design to be a set of concrete tire tracks. Motion passed 6-0. FYI STAFF UPDATES Ms. Wittman informed the Commission that the Council approved the Minar neighborhood subdivision that the Commission recently heard; and that the Council held first reading of the ordinance regarding the zoning text amendment from Brian and Sonya Larson. She stated that the Comprehensive Plan was released for jurisdictional review. She also asked for feedback about possibly moving the Planning Commission meetings to the fourth Wednesday of the month which would put it behind all other City commission meetings. Commissioners Kocon and Hade said meeting on the fourth Wednesday would be no problem for them. Ms. Wittman said the City will advertise for applicants for the two commission vacancies that occur in January. One seat will be filled by a City Councilmember who will become a voting member of the Planning Commission as of the January meeting. At the January meeting, Vice Chairman Lauer will open the meeting and there will be election of officers to serve from January to May. ADJOURNMENT Motion by Commissioner Hade, seconded by Commissioner Kocon, to adjourn the meeting at 8:20 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary PLANNING COMMISSION MEETING DATE: December 12, 2018 CPC CASE NO.: 2018-14 REGARDING: Small Wireless Facilities Zoning Text Amendment PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In early 2018 staff worked with City Commissions and the Council to draft an ordinance pertaining to Small Wireless Facilities. The ordinance was not passed as, upon review by City Attorney Land, it was determined there were conflicting elements with state statute. Given this, City Attorney Land has worked with City staff to revise the ordinance to not only be in conformance with state and federal regulations but also to allow for the preservation of Stillwater’s community character. As a result, most of the proposed regulations will be codified as part City Code Chapter 24: Street, Alleys and Public Property; there are minimal elements of the proposed ordinance that affect City Code Chapter 31, Zoning. PROPOSED ZONING TEXT AMENDMENT Amendments to the Zoning Code will clarify that, upon approval of a permit application, small wireless facilities are outright permitted in in the Right-of-Way (ROW) any district but they are not permitted on private lands. The Zoning Text Amendment is proposed to add Small Wireless Facilities to the allowable use tables. Once amended, the tables will include the following additions: Sec. 31-315. – Allowable uses in residential districts. Small Wireless Facilities Small Wireless Facilities in the Right-of-Way P P P P P P P P P P P P Sec. 31-325. – Allowable uses in non-residential districts. Misc. Small Wireless Facilities CPC Case No. 2018-14 December 12, 2018 Small Wireless Facilities in the Rights- of-Way P P P P P P P P P P PUBLIC PURPOSE The main purposes of the future Zoning Text Amendment (ZAT} is to provide for fair, reasonable, and non-discriminatory access to City-owned infrastructure in the public ROW while designating a streamlined permitting process. ADDITIONAL INFORMATION Members of commissions and the City Council were specifically concerned with the location and design of these types of installations. Therefore, the proposed amendments to City Code Chapter 24 does include the following conditions of approval. Location Preference 1. In the right-of-way on or adjacent to a Principal Arterial, Other Arterial, Major Collector, or Minor Collector roads, as classified by the Metropolitan Council Functional Classification System. 2. Collocated on existing wireless support structures within the right-of-way. 3. Located on a new wireless support structure within the right-of-way that replaces an existing wireless support structure of the same height. 4. Located on a new wireless support structure within the right-of-way that replaces an existing wireless support structure whose height is less than or equal to 50 feet. 5. Located on a new wireless support structure within the right-of-way whose height is similar to nearby structures. 6. Located on a new wireless support structure within the right-of-way whose height is less than 50 feet. General Design  To avoid excessive clutter visible from public areas, a new wireless support structure shall be separated from other wireless support structures by a minimum of six hundred (600) feet.  No new wireless support structure shall exceed 50 feet in height, provided that the city may reduce the height to protect the public health, safety and welfare or to protect the right-of- way and its current use.  When an applicant proposes to replace an existing wireless support structure with a structure of the same height and the existing wireless support structure exceeds 50 feet in height, the city may impose conditions or requirements to protect the public health, safety or welfare or to protect the right-of-way and its current use. CPC Case No. 2018-14 December 12, 2018  When an applicant proposes collocation on an existing wireless support structure, the small wireless facility shall not block light emanating from the structure or otherwise interfere with the intended purpose of the structure.  All wireless support structures shall be reasonably protected against unauthorized climbing. The base of the tower to 12 feet above ground level shall be designed in a manner to discourage unauthorized climbing.  There shall be no advertising or identification of any kind on the wireless support structures, except for warning signs or signs related to equipment information that is required by the manufacturer, or by federal, state or local regulations. Use of the smallest and lowest visibility radio frequency warning sticker and/or node identification sticker allowed by government or by utility regulations shall be the same color as the pole.  Small wireless facilities shall not be illuminated by artificial means, except when mounted on an existing light pole, or when required by federal, state or local regulations, or when the lighting is part of a camouflage design of the support structure.  No wireless facility may extend more than 10 feet above its wireless support structure or more than two and a half feet outward from the wireless support structure.  The diameter of a new wireless support structure that replaces an existing wireless support structure shall not exceed the diameter of an existing wireless support structure by more than fifty percent (50%).  Any ground equipment related to small wireless facilities must be placed underground and at a location approved by the City Engineer  Non-reflective, matte and anti-graffiti painting shall be required on all small wireless facilities.  Small wireless facilities and wireless support structures must comply with all federal, state and local regulations. Historic District Design  All small wireless facilities shall be designed to be visually unobtrusive.  All small wireless facilities must utilize building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and built environment to the greatest extent possible. The small wireless facility shall have limited exposed cabling and mounting hardware.  The applicant shall comply with any reasonable conditions imposed by the city to accommodate the particular design, appearance or intended purpose of the small wireless facilities to avoid the intangible public harm of unsightly or out-of-character deployments.  Placement of any required warning signs or signs related to equipment information shall be directed away from adjacent residential structures and out of direct sight lines whenever possible. ALTERNATIVES Regarding the ZAT, the Planning Commission has the following options available to them: CPC Case No. 2018-14 December 12, 2018 1. If the Planning Commission find the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, the Commission may forward to the City Council a favorable recommendation of approval of a Zoning Text Amendment pertaining to the addition(s) to the allowable use tables. 2. Make findings that the public necessity, general community welfare and good zoning practice do not permit the amendment or that the proposed amendment is not in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, and forward to the City Council recommendation of denial of the requested ordinance amendment. 3. Table consideration for more information. FINDINGS AND RECOMMENDATION Staff finds find the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Therefore, staff would recommend the Planning Commission make a favorable recommendation of approval to the City Council for a Zoning Text Amendment to City Code Section 31-315 and 31-325 based on the recommendation of City Attorney Land. ATTACHMENTS Draft Ordinance Amending Chapter 31-315 and 31-325 Draft Ordinance Amending Chapter 24 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 31-315 AND CHAPTER 31-325 REGARDING ZONING OF THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Chapter 31-315 relating to Zoning, Allowable Uses in Residential Districts is hereby amended as follows: Small Wireless Facilities Small Wireless Facilities in the Right-of-Way P P P P P P P P P P P P SECTION 2. Stillwater City Code Chapter 31-325 relating to Zoning, Allowable Uses in Non-Residential Districts is hereby amended as follows: Misc. Small Wireless Facilities Small Wireless Facilities in the Right- of-Way P P P P P P P P P P 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 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 24 REGARDING STREETS, ALLEYS AND PUBLIC PROPERTY OF THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Chapter 24 relating to Streets, Alleys and Public Property is hereby amended as follows: Chapter 24 - STREETS, ALLEYS AND PUBLIC PROPERTY ARTICLE I. - IN GENERAL Sec. 24-1. - Streets. Subd. 1. Permit required. No person, except an authorized city employee or contractor performing work under a contract with the city, shall make any excavation, obstruction, alteration, or installation in a street, alley, sidewalk or public ground without first having secured a permit therefor from the public works director. Subd. 2. Application and regulations. The public works director shall prepare the necessary application forms and permits required under subdivision 1 of this section. The public works director shall also prepare regulations necessary to protect the public from injury, prevent damage to public or private property and minimize interference with the public use of streets, alleys, sidewalks and public grounds. Any person making such an excavation shall comply with such regulations. Subd. 3. Bond. Any permittee, except a public utility corporation or a bonded plumber, shall file with the clerk a corporate surety bond, cash deposit or certified check in the amount of $5,000.00, conditioned that the permittee will: (1) Perform work in connection with the excavation in accordance with the applicable ordinances and regulations; (2) Indemnify the city and hold it harmless from all damages caused in the execution of the work; and (3) Pay all costs and damages suffered by the city by reason of the failure of the permittee to observe the terms of applicable ordinances and regulations or because of negligence in the execution of the work. The bond shall be approved as to form and legality by the city attorney. 2 Subd. 4. Public liability insurance. Any permittee, except a public utility corporation, shall furnish proof that the permittee has in existence an insurance policy protecting the permittee from liability to the public, including the city, to an amount equal to the maximum claim the city might be required to pay under Minn. Stat. ch. 466. Subd. 5. Permit denial. Failure to comply with the conditions of this section shall be grounds for denial of future permits. Subd. 6. General regulations for excavations. Street openings shall be made in a manner that will cause the least inconvenience to the public. Provision shall be made for the passage of water along the gutters and at least one-half of the traveled portion of the street shall be left open and in good condition for the safe passage of vehicles. Open excavations shall be guarded with substantial barriers and marked with red flags and at night with red lights or flashing devices. Pipes or mains exposed to freezing temperatures shall be protected to prevent freezing. Any person responsible for exposing a city main or pipe so that it might be damaged by freezing shall be liable to the city for any and all damages caused by a freezing and all damages sustained by others by freezing for which the city might be liable. Subd. 7. Refilling excavations. Every street excavation shall be refilled as soon as possible after the work is completed and paving, sidewalks and appurtenances shall be replaced in at least as good condition as before the excavation to the satisfaction of the city public works director. All dirt and debris shall be removed immediately. Any person who fails to comply with these requirements within 24 hours after notice from the city shall be liable to the city for the full cost incurred by the city in remedying the defect and restoring the street, sidewalk, alley or public ground to its proper condition. The cost shall be an obligation of the surety on the bond of the permittee. Subd. 8. Map of subsurface installations. The public works director shall maintain a map showing the location of all utility and other installations made beneath the surface of any public street, grounds or right-of-way. The information on the map shall be sufficiently complete and accurate to permit anyone making an excavation in a public place having any underground installation to avoid damage to any existing underground installation and to properly locate them. Any new underground facilities shall be recorded on the map as soon as practicable upon the issuance of an excavation permit or the completion of a contract for the installation of city underground installations. Sec. 24-2. - Numbering for dwelling homes and buildings. Subd. 1. Uniform numbering system. There is hereby created and established a uniform system of numbering properties and principal buildings in the city, referred to in this section as the “uniform numbering system.” Subd. 2. Assigning of numbers. All properties or principal buildings within the city shall be allotted numbers in accordance with the following numbering system: 3 (1) The city shall be numbered with 100 numbers per block. (2) Odd numbers shall be assigned on the east and south sides of the streets and even numbers shall be assigned on the west and north sides of the streets. Subd. 3. Type and placement of numbers. Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each front entrance of such principal building shall bear a separate number. Numerals indicating the official numbers for each principal building shall be reflectorized, a minimum of three inches in height, shall be posted at least five feet from the threshold on a building surface and placed in such a manner as to be visible from the street on which the property is located. If there is a main entrance visible from the street, the numbers shall be placed within two feet of that entrance. Subd. 4. Administration. At the time of submitting a preliminary plat or plan or application for building permits, the applicant shall submit a building numbering plan for review by the planning commission of the city. The city building official shall keep an up-to-date record of all numbers assigned under this section. The city building official shall assign, to any property owner in the city upon request, a number for each principal building or separate front entrance to such building. In doing so, he shall assign only those numbers assigned under the provisions of this section; provided, however, that he may assign additional numbers in accordance with the uniform system adopted in this section whenever the property has been subdivided, a new front entrance opened or undue hardship has been worked on any property owner. Subd. 5. Penalties for violation of section. Violations of this section shall be a petty misdemeanor. Sec. 24-3. - Planting and care of trees in public places. Subd. 1. No person shall plant any trees within the limits of any street, public ground or highway of the city without first obtaining a permit from the city. Subd. 2. Anyone wishing to plant such trees shall apply to the city for a permit, stating the variety and precise location proposed for each tree. After the receipt of an application the city shall investigate the place where the tree is to be planted and shall grant a permit only if the location will permit the normal growth and development of the tree. The permit shall specify the location, variety and grade of each tree and method of planting, including among other things, the supply of suitable soil. No charge shall be made for the permit, and no trees shall be planted except in accordance with its terms. The specifications of the permit shall secure the suitable location, planting and growing of each tree. Secs. 24-4—24-24. - Reserved. 4 ARTICLE II. - RIGHT-OF-WAY MANAGEMENT Sec. 24-25. - Findings, purpose, and intent. The rights-of-way (ROW) serve to protect the public health, safety and welfare. The ROWs provide access to public and properties for motorized and non-motorized vehicles and pedestrians and provide space to facilitate the delivery of vital public and private utility services. In addition, the ROWs in the city provide a critical part of the public realm that helps create the essential character of the community. This is especially true in relationship to local, state, or nationally- designated, or eligible heritage preservation sites, landmarks and districts. It is the intent of this article to facilitate appropriate use of the ROWs for the purposes above while also protecting the public welfare by preventing permanent obstruction, safety hazards, and other use of the ROW that would diminish the historic character of the community. This article shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minn. Stat. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the “Act”) and the other laws governing applicable rights of the city and users of the right-of-way. This article shall also be interpreted consistent with Minnesota Rules 7819.0050—7819.9950 where possible. To the extent any provision of this article cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This article shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Sec. 24-26. - Election to manage the public rights-of-way. Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant Minn. Stat. § 237.163, subd. 2(b), to manage rights-of-way within its jurisdiction. Sec. 24-27. - Definitions. The following definitions apply in this article of this code. References hereafter to “sections” are unless otherwise specified. Defined terms remain defined terms whether or not capitalized. Abandoned facility means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. Applicant means any person requesting permission to excavate, obstruct, alter or make installation in a right-of-way. City means the city of Stillwater, Minnesota. For purposes of sec. 24-50, city means its elected officials, officers, employees and agents. 5 Collocate or Collocation means to install, mount, maintain, modify, operate, or replace a small wireless or micro wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the city. Commission means the State Public Utilities Commission. Congested right-of-way means a crowded condition in the subsurface of the public right-of- way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn. Stat. § 216D.04, subd. 3, over a continuous length in excess of 500 feet. Construction performance bond means any of the following forms of security provided at permittee’s option: (1) Individual project bond; (2) Cash deposit; (3) Security of a form listed or approved under Minn. Stat. § 15.73, subd. 3; (4) Letter of credit, in a form acceptable to the city; (5) Self-insurance, in a form acceptable to the city; (6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation fee means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. Department means the department of public works of the city. Department inspector means any person authorized by the city to carry out inspections related to the provisions of this article. 6 Director means the director of the department of public works of the city, or her or his designee. Emergency means a condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment means any tangible asset used to install, repair, or maintain facilities in any right- of-way. Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit means the permit which, pursuant to this section, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee means money paid to the city by an applicant to cover the costs as provided in sec. 24-35. Facility or Facilities means any tangible asset in the right-of-way required to provide utility service. High density corridor means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Historic District means any federal, state or locally designated areas with structures, sites or open spaces of historical, architectural or archeological significance to the city, the state or the nation. Hole means an excavation in the pavement, with the excavation having a length less than the width of the pavement. Management costs means the actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; preparatory construction work; inspecting job sites and restoration projects; engineering, surveying, maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the City, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 7 1997, Chapter 123; Minn. Stat. §§ 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to sec. 24-50 of this article. Microwireless facility is a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction permit means the permit which, pursuant to this section, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. Obstruction permit fee means money paid to the city by a permittee to cover the costs as provided in sec. 24-35. Patch or Patching means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city’s five-year project plan. Pavement means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permittee means any person to whom a permit to excavate, obstruct, alter, or install upon a right-of-way has been granted by the city under this article. Person means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Probation means the status of a person that has not complied with the conditions of this article. Probationary period means one year from the date that a person has been notified in writing that they have been put on probation. Public right-of-way or right-of-way means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. Registrant means any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of- way or place its facilities or equipment in the right-of-way. 8 Restore or Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Restoration cost means the amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. Right-of-way permit or permit means either the excavation permit or the obstruction permit, or both, depending on the context, required by this article. Right-of-way user means (1) a telecommunications right-of-way user as defined by Minn. Stat. § 237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, agreement, or ordinance to use the public right-of-way. Service or Utility service includes (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information and wireless internet services; (3) services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat. Chapter 308A; and (6) water, sewer, steam, cooling or heating services. Small Wireless Facility means: (1) a wireless facility that meets both of the following qualifications: a. each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antennae that has expose elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and b. all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunication demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a microwireless facility. Small Wireless Facility Permit means the permit which, pursuant to this article, must be obtained before a person may install, place, maintain or operate a small wireless facility in a public right-of-way to provide wireless service. A Wireless Facility Permit allows the holder to conduct such activities in that part of the right-of-way described in such permit. 9 A Small Wireless Facility Permit does not authorize: (1) providing any service other than a wireless service; (2) installation, placement, maintenance, or operation of a wireline backhaul facility in the right-of-way; or (3) installation of a small wireless facility outside of the right-of-way. Supplementary application means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. Temporary surface means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city’s two-year plan, in which case it is considered full restoration. Trench means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunication right-of-way user means a person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information, or for providing wireless services. For purposes of this article, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this article except to the extent these entities are offering wireless service. Two year project plan shows projects adopted by the city for construction within the next two years. Utility pole means a pole that is used in whole or in part to facility telecommunications or electric service. Wireless facility means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including: (1) Equipment associated with wireless service; (2) A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; (3) A small wireless facility; 10 Wireless facility does not include: (1) Wireless support structures; (2) Wireless backhaul facilities; or (3) Coaxial or fiber-optic cables (i) between utility poles or wireless support structures; or (ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna. Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service under USC, Title 47, Section 522, clause (6). Wireless support structure means a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network. Sec. 24-28. - Administration. The director is the principal city official responsible for the administration of the rights-of- way, right-of-way permits, and the ordinances related thereto. The director may delegate any or all of the duties hereunder. Sec. 24-29. - Registration and right-of-way occupancy. Subd. 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the right- of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. Subd. 2. Registration prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the city. Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining 11 such boulevard plantings or gardens under this article. However, nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law. Sec. 24-30. - Registration information. Subd. 1. Information required. The information provided to the city at the time of registration shall include, but not be limited to: (1) Each registrant’s name, Gopher One Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the city; b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; c. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; d. Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this article. (4) The city may require a copy of the actual insurance policies. 12 (5) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. (6) A copy of the person’s order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. Sec. 24-31. - Reporting obligations. Subd. 1. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to, the following information: (1) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this article, a “next-year project”); and (2) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this article, a “five-year project”). The term “project” in this article shall include both next-year projects and five-year projects. By January 1 of each year the city will have available for inspection in the city’s office a composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant. Subd. 2. Additional next-year projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 24-32. - Permit requirement. 13 Subd. 1. Permit required. Except as otherwise provided in this code, no person may obstruct, excavate, permanently install or place facilities in any right-of-way without first having obtained the appropriate right-of-way permit or small cell wireless facility permit from the city to do so. (1) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (3) Small wireless facility permit. A wireless facility permit is required to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless revoked. Small wireless facilities are prohibited outside of the rights-of-way. Subd. 2. Permit extensions. No person may excavate obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delay penalty. In accordance with Minnesota Rule 7819.1000, subp. 3 and notwithstanding subdivision 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution. Subd. 4. Permit display. Permits issued under this article shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. Sec. 24-33. - Permit applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration with the city pursuant to this article; (2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the 14 proposed project and the location of all known existing and proposed facilities. (3) Payment of money due the city for: a. Permit fees, estimated restoration costs and other management costs, including all escrow fees; b. Prior obstructions or excavations; c. Any undisputed loss, damage, or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; d. Franchise or agreement fees or other charges, if applicable. (4) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. (5) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. Sec. 24-34. - Issuance of permit. Subd. 1. Permit issuance. If the applicant has satisfied all the requirements of this article, the city shall issue a permit. Subd. 2. Action on Small Wireless Facility Permit Applications (1) Deadline for action. The city shall approve or deny a small wireless facility permit application within sixty (60) days after filing of an application involving an existing structure and within ninety (90) days after filing of an application involving a new wireless support structure. For applications with both new and existing support structures, the longer deadline shall apply. (2) Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed to by the city, provided that all small wireless facilities in the application: a. Are located within a two-mile radius; b. Consist of substantially similar equipment; and 15 c. Are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (3) Tolling of Deadline. The deadline for action on a small cell wireless facility permit application may be tolled if: a. The applicant fails to submit all required documents or information and the city provides written notice of incompleteness, with specificity as to the missing information, to the applicant within ten (10) days of receipt of the application. b. The city and small wireless facility applicant agree in writing to toll the review period. Sec. 24-35. – Permit Conditions. Subd. 1. A permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minn. Stat. §§216D.01-.09 (Gopher One Call Excavation Notice System) and Minn. Rules, Ch. 7560. Subd. 2. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. Subd. 3. Small Wireless Support Structure and Small Wireless Facility Conditions. The city desires high quality wireless services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that small wireless facilities can create. These negative impacts include, but are not limited to, interference with right-of-way user sight lines, impacts to right-of-way user circulation, incompatible aesthetics with the surrounding area, fall zone risk, clear zone risk, creating navigation obstacles, interference with future travel way expansion plans, interference with the delivery of other utility services, interference with stormwater management facilities and increased noise pollution. In addition to any conditions imposed by the city pursuant to subdivision 2 above, the erection or installation of a small wireless facility or small wireless support structure shall be subject to the following: (1) Location. In order to protect the public health, safety and welfare, preference for location of small wireless facilities and support structures shall be accommodated in the following order: a. In the right-of-way on or adjacent to a Principal Arterial, Other Arterial, Major Collector, or Minor Collector roads, as classified by the Metropolitan Council Functional Classification System. b. Collocated on existing wireless support structures within the right-of-way. 16 c. Located on a new wireless support structure within the right-of-way that replaces an existing wireless support structure of the same height. d. Located on a new wireless support structure within the right-of-way that replaces an existing wireless support structure whose height is less than or equal to 50 feet. e. Located on a new wireless support structure within the right-of-way whose height is similar to nearby structures. f. Located on a new wireless support structure within the right-of-way whose height is less than 50 feet. (2) Other Requirements. a. To avoid excessive clutter visible from public areas, a new wireless support structure shall be separated from other wireless support structures by a minimum of six hundred (600) feet. b. No new wireless support structure shall exceed 50 feet in height, provided that the city may reduce the height to protect the public health, safety and welfare or to protect the right-of-way and its current use. c. When an applicant proposes to replace an existing wireless support structure with a structure of the same height and the existing wireless support structure exceeds 50 feet in height, the city may impose conditions or requirements to protect the public health, safety or welfare or to protect the right-of-way and its current use. d. When an applicant proposes collocation on an existing wireless support structure, the small wireless facility shall not block light emanating from the structure or otherwise interfere with the intended purpose of the structure. e. All wireless support structures shall be reasonably protected against unauthorized climbing. The base of the tower to 12 feet above ground level shall be designed in a manner to discourage unauthorized climbing. f. There shall be no advertising or identification of any kind on the wireless support structures, except for warning signs or signs related to equipment information that is required by the manufacturer, or by federal, state or local regulations. Use of the smallest and lowest visibility radio frequency warning sticker and/or node identification sticker allowed by government or by utility regulations shall be the same color as the pole. 17 g. Small wireless facilities shall not be illuminated by artificial means, except when mounted on an existing light pole, or when required by federal, state or local regulations, or when the lighting is part of a camouflage design of the support structure. h. No wireless facility may extend more than 10 feet above its wireless support structure or more than two and a half feet outward from the wireless support structure. i. The diameter of a new wireless support structure that replaces an existing wireless support structure shall not exceed the diameter of an existing wireless support structure by more than fifty percent (50%). j. Any ground equipment related to small wireless facilities must be placed underground and at a location approved by the City Engineer. k. Non-reflective, matte and anti-graffiti painting shall be required on all small wireless facilities. l. Small wireless facilities and wireless support structures must comply with all federal, state and local regulations. (3) Historic Districts. In addition to the conditions imposed above, in recognition of the special character of the community and the impact that the right-of-way has on the character of historic districts, no new wireless support structure shall be located in the rights-of-way within any historic district or collocated on an existing wireless support structure in any historic district unless it complies with the following design standards: a. All small wireless facilities shall be designed to be visually unobtrusive. b. All small wireless facilities must utilize building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and built environment to the greatest extent possible. The small wireless facility shall have limited exposed cabling and mounting hardware. c. The applicant shall comply with any reasonable conditions imposed by the city to accommodate the particular design, appearance or intended purpose of the small wireless facilities to avoid the intangible public harm of unsightly or out-of-character deployments. d. Placement of any required warning signs or signs related to equipment information shall be directed away from adjacent residential structures and out of direct sight lines whenever possible. 18 (4) Small Wireless Facility Collocation Agreement. If a small wireless facility is to be collocated on a small wireless support structure owned or controlled by the city, or any other city-owned asset or infrastructure in the right-of-way, it may only do so after the applicant has executed a standard small wireless facility collocation agreement with the city. When an applicant proposes to replace a city-owned wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. The standard collocation agreement may require the following payments for each city-owned structure: a. Up to $150 per year for rent; b. $25 per year for maintenance; c. A monthly fee for electrical service as follows: 1. $73 per radio node less than or equal to 100 maximum watts; 2. $182 per radio node over 100 maximum watts; or 3. The actual costs of electricity, if the actual cost exceed the foregoing. Such costs and payments shall be automatically adjusted pursuant to the amounts set forth in Minn. Stat. §237.163 subd. 6(g), or as may be amended from time to time. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit. Sec. 24-36. -Exceptions to Permit Requirement. No wireless facility permit is required to solely conduct: (1) Installation of small wireless facilities for the exclusive use of a public utility corporation who has entered into franchise agreement with the City provided all wireless support equipment is installed by said corporation utility for its sole use and benefit, complies with the conditions and design standards in section 24-35 and is not for the use of an independent third party telecommunications provider; and its representatives utilizing minimal equipment design components, as identified by adopted design guidelines for public utility companies; (2) Routine maintenance of a small wireless facility; (3) Replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, wind or structural loading, and conforms to and with all established design standards and original approvals, than the small wireless facility that is being replaced. 19 Sec. 24-37. - Permit fees. Subd. 1. The city shall establish permit fees in an amount sufficient to recover the following costs: (1) Excavation permit fee. a. The city management costs; b. Degradation costs, if applicable. (2) Obstruction permit fee. a. The city management costs; (3) Small wireless facility permit fee. a. Management costs; and b. City engineering, make ready, and construction costs associated with the collocation of small wireless facilities. Subd. 2. Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. Subd. 3. Non refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in sec. 24-43, are not refundable. Subd. 4. Application to franchises and agreement. Unless otherwise agreed to in a franchise or agreement, management costs may be charged separately from and in addition to the franchise or agreement fees imposed on a right-of-way user in the franchise or agreement. Sec. 24-38. - Right-of-way patching and restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under sec. 24-37. Subd. 2. Patch and restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee 20 shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defective work. (2) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. (3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of- way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. Subd. 4. Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee, upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under sec. 24-37. Subd. 5. Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Sec. 24-39. - Other obligations. Subd. 1. Compliance with other laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. 216D.01-.09 (Gopher One Call Excavation Notice System). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work, Subd. 2. Prohibited work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within 21 or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Sec. 24-40. – Denial of permit. The city may deny a permit for failure to meet the requirements and conditions of this article or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use and future uses. The city may deny a permit if the utility has failed to comply with previous permit conditions. The city may withhold issuance of a permit until the applicant is in compliance with the conditions of a previous permit. The denial of a right-of-way permit and small wireless facility permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three (3) business days of the decision to deny a permit. If an application is denied, the right-of-way user may cure the deficiencies identified by the city and resubmit its application. If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within thirty (30) days after submission. Sec. 24-41. - Installation requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stat. Secs. 237.162 and 237.163. Sec. 24-42. - Inspection. Subd. 1. Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. Subd. 2. Site inspection. Permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd. 3. Authority of director. (1) At the time of inspection the director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well being of the public. (2) The director may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been 22 corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to sec. 1.22. Sec. 24-43. - Work done without a permit. Subd. 1. Emergency situations. Each registrant shall immediately notify the director of any event regarding its facilities, which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this section for the actions it took in response to the emergency. Subd. 2. Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by the city code, deposit with the city the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this article. Sec. 24-44. - Supplementary notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 24-45. - Revocation of permits. Subd. 1. Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way permit without a fee refund if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee’s control; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to sec. 1.19. 23 Subd. 2. Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at his or her discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. Subd. 3. Response to notice of breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee’s failure to so contact the city, or permittee’s failure to timely submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee’s failure to so contact the city, or permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one (1) full year. Subd. 4. Cause for probation. From time to time, the city may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of- way grossly outside of the permit authorization. Subd. 5. Automatic revocation. If a permittee, while on probation, commits a breach as outlined above, permittee’s permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs. Any revocation of a right-of-way or small wireless facility permit must be made in writing and must document the basis for the revocation. The city must notify the right-of-way user in writing within three (3) business days of the decision to revoke the permit. Subd. 6. Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city’s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys’ fees incurred in connection with such revocation. Sec. 24-46. - Mapping data. Subd. 1. Information required. Each registrant and permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Sec. 24-47. - Location and relocation of facilities. Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. Subd. 2. Corridors. The city may assign specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. 24 Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Small wireless facilities in the right-of-way shall be removed and relocated at the city’s request and at no cost to the city when the city determines that removal and relocation is necessary to prevent interference with present or future use of the right-of-way; the public health safety, or welfare; or the safety and convenience of travel over the right-of-way. Subd. 3. Nuisance. One year after the passage of this section, any facilities found in a right- of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. Sec. 24-48. - Damage to other facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant’s facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city’s response to an emergency occasioned by that registrant’s facilities. Sec. 24-49. - Right-of-way vacation. Reservation of right. If the city vacates a right-of-way which contains the facilities of a registrant, the registrant’s rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 24-50. - Indemnification and liability. By registering with the city, or by accepting a permit under this article, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 24-51. - Abandoned and unusable facilities. Subd. 1. Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant’s obligations for its facilities in the right-of-way under this article have been lawfully assumed by another registrant. 25 Subd. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. Sec. 24-52. - Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting. A decision by the city council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 24-53. - Severability. If any portion of this article is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this article precludes the city from requiring a franchise agreement, or other type of agreement, with the applicant, as allowed by law, in addition to requirements set forth herein. Secs. 24-54—24-80. - Reserved. ARTICLE III. - STREET LIGHTING; LOCATION AND COSTS Sec. 24-81. - Street lighting regulations. Subd. 1. Purpose. It is the council’s intention to encourage the installation of street lighting throughout the city to promote the general health, safety and welfare of the citizens of the city. Subd. 2. Location. (1) The council, upon a petition of at least 35 percent of the property owners in an existing subdivision or developed area or upon its own initiative, shall determine the streets, parks or other public and private areas on which the city will install and operate a street lighting system. (2) Before any service is furnished, the council shall schedule a hearing pursuant to the provisions of M.S. Chapter 429, as amended, at which time the council will consider the project. (3) The city may pay a portion of the costs of installation of street lighting systems as the council may by policy determine from general ad valorem tax levies or from other revenues or funds of the city available for that purpose. In the event the council elects not to pay all of the installation costs, the remaining unpaid portion shall be assessed against the benefited property owners as a public improvement following a public hearing and in full accordance with the provisions of M.S. Chapter 429, as amended. 26 Subd. 3. Operating costs; assessments. (1) The city clerk shall keep a record of the costs of operation, maintenance and replacement of the street lighting system including clerical, administrative and incidental costs. (2) Those costs shall be apportioned to each lot and parcel of property benefited by the street lighting system, whether or not the property abuts the street or other public or private area in which the system is located. Further, the cots shall be apportioned to similar classes of property similarly. (3) The city council, based on the information, shall by resolution, determine the rate to be paid by each lot or parcel. (4) The city clerk shall quarterly, prepare a bill based on the adopted rate for each lot or parcel. The bill may be added to the sewer billing for each lot or parcel benefitted by the street lighting system. The amount billed will, thereupon, become immediately due and payable. (5) In accordance with M.S. § 429.101, the city clerk is authorized to certify the unpaid portion of any bill to the county auditor to be added to the tax rolls for collection with the real estate taxes. Subd. 3.5. [Penalty for late payment.] A penalty charge as established from time to time by resolution of the city council, shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. 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 ordinance amends the City’s right-of-way ordinance to provide for small wireless facilities only within the City’s rights-of-way. Anyone wishing to erect or install a small wireless facility will be required to apply for a permit. There are certain statutory provisions regarding requirements and the timing of the City’s approvals, however, the City can require additional conditions to protect the public health, safety and welfare. The City can impose special design standards on small wireless facilities located within historic districts. 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 , 2019. 27 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 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. 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 2019 SMTWTFS SMTWTFS 12345 12 6789101112 345 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 1718 9 101112131415 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 7 8 9 10 11 12 13 4 5 6 78910 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 34 5 6789 89 10 11 12 13 14 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* Charter Commission Human Rights Commission Meeting (7 pm) City Council Meeting Night to Unite (Workshop 1st Tues. 4:30 pm; 3rd Tues. 7 pm ) Park Commission Meeting (7 pm) Downtown Parking Comm. Mtg (8:30 am) PC and HPC Submittal Deadline (4:30 pm) Heritage Preservation Comm. Mtg (7 pm) Planning Commission Meeting (7 pm) Holiday - Office Closed Traffic Safety Review Committee (5:30 pm) * 1/2 day holidays (closed at noon) MLK Holiday & HRC at Breakfast SEPTEMBER OCTOBER JULY AUGUST NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE CPC (Chambers) & HRC (Riverview) DTPC (Riverview) & CPC (Chambers)