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Home My WebLink About2018-12-18 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING December 18, 2018 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the December 4, 2018 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Resolution 2018‐271, Certificate of Appreciation Retirement – Sharon Harrison, Finance Director 3. Proclamation: Stillwater High School Mountain Bike Team 4. Proclamation: Stillwater High School Boys Soccer Team VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13. Resolution 2018‐272, directing payment of bills 14. Possible approval of temporary liquor license – Stillwater Elks 15. Resolution 2018‐273, approval of 2019 Fee Schedule 16. Resolution 2018‐274, possible approval of Stillwater Lights Event Contract 17. Resolution 2018‐275, approval of the Letter of Understanding for Impound Housing Services for 2019 18. Possible approval of Sanitary Sewer Adjustments 19. Resolution 2018‐276, designation of depositories for 2019 20. Resolution 2018‐277, approving application to conduct off‐site gambling American Legion Post 491 21. Resolution 2018‐278, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers 22. Resolution 2018‐279, designating the Stillwater Gazette and St. Paul Pioneer Press as the City’s 2019 legal publications, and approving their respective agreements 23. Resolution 2018‐280, resolution to enter into agreement between Washington Conservation District and members of the 2019‐2021 East Metro Water Resources Education Program (EMWREP) 24. Resolution 2018‐281, reappointing members to the Library Board 25. Resolution 2018‐282, approving solid waste, recycling and roll‐off hauler license 26. Resolution 2018‐283, one‐year agreement with Polco civic engagement software platform 27. Resolution 2018‐284, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services (LELS) Local 257 Patrol Officers IX. PUBLIC HEARINGS ‐ OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 28. Case No. 2018‐14 This is the date and time for a public hearing to consider a Zoning Text Amendment (ZAT) and City Code Amendment to regulate wireless facilities in Chapter 24: Streets Alleys and Public Property and Sections 31‐315 and 31‐325: Allowable Uses in Residential and Non‐Residential Districts. Notice was published in the Stillwater Gazette on November 30, 2018. (2 Ordinances – 1st Reading – Roll Call) X. UNFINISHED BUSINESS 29. Presentation Truth and Taxation a. Possible adoption of resolutions for 2019 Budget & Tax Levy (2 Resolutions – Roll Call) XI. NEW BUSINESS 30. Nuisance Abatement Hearing ‐ 421 Hanson Place 31. Resolution approving Stillwater application for Federal Hazard Mitigation Grant through the Federal Emergency Management agency (FEMA) for retrofitting of Stillwater fire and police stations with impact resistant window film XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS 32. Strategic Plan Update 33. League of MN Cities Insurance Trust 2018 Notice of Dividend XIV. COUNCIL REQUEST ITEMS 34. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT s, t- ;,- ilikla iAhlell,-' i:,,icsr<i: ,,„ • .�� tir4a; ziskiii 4 • ; t, ,:; B. 1 ___ RESOLUTION 2018-272 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $1,304,937.73 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 18th day of December, 2018. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT "A" TO RESOLUTION #2018-272 LIST OF BILLS A-1 Excavating Inc Abrahamson Nurseries Acapulco Restaurant Accela Inc Ace Hardware Armor Security Inc. Aspen Mills Atlas Outfitters Becker Fire Safety Services LLC BHE Community Solar Board of Water Commissioner Brueghel Judith Buberl Black Dirt Inc. Business Data Record Services Cargill Inc. CDW Government Inc. Century Link Cintas Corporation City of Oak Park Heights Comcast Computer Integration Technologies Conference Room AV Daleo Davis Jeremy Dell Marketing LP . ECM Publishers Electric Fire & Security Element Materials Technology Enterprise FM Trust Envision Glass Inc Flexible Pipe Tool Co. Galls LLC Gertens Wholesale Goodyear Commercial Tire Gopher State One Call Inc. Greater Stillwater Chamber of Commerce H&L Mesabi Hagen Mike Heikes Tree Service Hoisington Koegler Group Inc lndelco Plastics Corporation International Code Council International Code Council International Society of Arboriculture Jefferson Fire and Safety Inc. Johnson Controls Fire Protection LP Marylane drainage Refund SUP Reserve award reception Monthly UB web payments Supplies Quarterly Monitoring Service Uniforms Ice rescue suit Extinguisher service Solar Garden Irrigation repairs Reimburse for expenses Black dirt Document destruction services Deicer Computer equipment Fire alarm & phones Uniforms & mat cleaning service Traffic study Cable TV, Internet & Voice Professional services Network infrastructure upgrade Janitorial supplies Refund of overpayment Computer replacement Publications Fire alarm inspection Pioneer Park bathrooms Lease vehicles City Hall Project Equipment repairs Uniform supplies Garland Tires Locates Seminar Equipment repair supplies Reimburse for expenses Tree removal at Long Lake Professional services Equipment repair supplies Membership '18 IPMC Soft Membership & certification study guides Helmets Mon itoring at parking structure Page 1 188,174.86 300 .00 306.14 527.85 465.93 84.00 1,668 .14 1,338.50 80 .20 3,596 .37 871 .87 35 .69 60.00 116.50 21,739 .44 14,386.85 264 .12 371.52 2,591.99 371.94 498.50 995 .00 101.78 3 .00 5,024 .00 47.50 448.75 849.75 5,542 .08 596 .60 278.30 254 .32 77 .90 1,579.56 238 .95 25 .00 1,494 .40 202 .82 7,500.00 1,062 .25 88 .58 135 .00 43.50 352.80 997.85 648.29 EXHIBIT "A" TO RESOLUTION #2018-272 Kelly & Lemmons PA Kochendorfer Barbara & Steve Krueger's Christmas Trees Lakeview Hospital League of MN Cities Ins Tr Levander Gillen Miller PA Lincoln National Life Insurance Co Live Action Safety Livermore Bruce & Linda Loffler Companies Malwarebytes Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors MN Dept of Transportation MN Pollution Control Agency MnFIAM Book Store MP Nexlevel LLC NAC Mechanical and Electrical Services NAPA Auto Parts Northwest Lasers & Instruments OnSite Sanitation Performance Plus LLC Pinky's Sewer Service Pioneer Press St. Paul Pomps Tire Service Inc. Primary Products Co. Pro-Tee Design Pullen Annette Marie Quill Corporation Rehn Code Consulting Services Restaurant 232 LLC Ross Richard & Cheryl Safe Fast Inc SASCS LLC SEHlnc Shilts Cindy Siegfried Construction Company George Simplifile LC Sodergren Scott St. Croix Boat and Packet Co. Stillwater Armory Fund Stillwater Collision and Mechanical Stillwater Motor Company Streichers TBEI lnc/Crysteel Manufacturing Professional services Planning Escrow Refund Wreaths Legal blood draw Quarterly Municipality Insurance Professional services COBRA Life Insurance Bleeding prevention kits Planning Escrow Refund IT Professional services Malwarebytes Fuel Electrical repair Supplies Wastewater Charge Maintenance 2018 Street Project Certification fee Training materials Locating City Hall Project Equipment repair supplies Equipment repair supplies Portable Restroom Drug screen Lift station pumping Subscription Tires Nitrile gloves Panic button moved Professional services Batteries Plan review LP Refund due to over pmt of liquor lie -2 months Planning Escrow Refund Supplies Fire instructor course Ice Castle Site Eval Reimburse for expenses Lily Lake dock removal Filing fee Planning Escrow Refund Ramp cleaning Lease for space at the Armory for elections Repair Vehicle repairs Ammo & uniform supplies Equipment repair supplies Page 2 7,887.00 2,976.55 70.00 50.00 68,969.00 27,260.00 7.20 4,423.00 2,826.25 515.00 3,978.05 7,461.10 2,115.00 410.10 153,390.29 813.00 1,350.11 45.00 80.00 763.75 2,798.70 35.98 315.00 591.00 90.00 525.00 186.84 868.00 100.17 110.00 90.00 28.99 1,359.72 514.60 2,876.25 409.20 300.00 144.87 375.38 1,554.75 200.00 500.00 810.00 120.00 1,519.00 137.24 744.90 86.09 EXHIBIT "A" TO RESOLUTION #2018-272 Terry Slane & Ruohonen PLLN Thomson Reuters Thomson Reuters Thoren Dawn TKDA Toll Gas and Welding Supply Tri-State Bobcat Tri-State Pump and Controls Inc. Truck Utilities Inc. Uline Inc VariTech Force Ameri ca Visual Labs Voyant Communications VSA Inc Wahlquist Craig Washington County Public Works Wenck Construction Winnick Supply WSB & Associates Inc. Zee Medical Service Ziegler Inc . REC CENTER 1ST Line/Leewes Ventures LLC Advanced Sportswear Arrow Sports Group AT&T Mobility Century Link Cintas Corporation Cub Foods HDR Architecture ISO #834 Stillwater Area Schools Menards Peps i Beverages Company Riedell Shoes Inc. St. Croix Boat and Packet Co . LIBRARY Abbott Paint Ace Hardware Armstrong & Associates LLC Sarah Keister Bibliotheca LLC Brodart Co CDW Government Inc. Demeo Inc. Ebsco Publishing Refund data request unable to fulfill PPC guide tp fin stmt prep Information Charges Reimburse for short pmt for reg of F350 at Wash Ct Marylane drainage Cylinders Equipment rental Repaired pump Equipment Supplies Elec plunger valve Software Phone Conf Rm Tech Upgrade Planning Escrow Refund CSAH 12 & 5 City Hall Project Equipment repair supplies Professional services First aid supplies Equipment rental Snack for concessions Uniforms Concession supplies Cell phone Telephone Mat cleaning service Concession supplies Rec Center Dome Project Community Ed Ad Equipment repair supplies Concessions Skates Arena billing Paint Supplies Strategic Planning Services Equipment Service Materials Polycom Processing Supplies Periodicals Page 3 30 .00 338.25 141.94 10.00 634.92 42.72 1,800.00 3,317.72 17,658.95 768.75 365 .94 12,348.00 534.99 1,555.00 2,826.25 183,255.83 17,180.00 59 .06 5,824.75 156.05 400.00 502 .00 2,089.00 162.00 71.17 63 .29 120 .28 9.00 7,748.69 700.00 247.37 470.60 582.26 61,512 .27 297 .08 120.22 5,000.00 20,642.67 6,993.72 510 .30 8,221.41 6,019.35 EXHIBIT "A" TO RESOLUTION #2018-272 Page4 Friends of the Stillwater Public Library Friends Reimbursement for Nov Sales 203.50 Illinois Library Association Materials 31.25 Images of the Past Materials 355.00 Loffler Companies Switches Firewall UPS 17,283.00 Loft Literary Center Programs -Adult 1,107.00 Midwest Tape Materials 1,871.07 Nardini Fire Equipment Annual Inspection 1,241.31 Office of MN IT Services Phone -October 138.50 Petrie Angela Staff Reimbursement 29.31 Quill Corporation Supplies 237.92 Recorded Books Inc Materials 6,453.57 Reyers Mariah E. Programs 300.00 Washington County Library Antivirus 673.50 Xcel Energy Energy 4,086.42 LIBRARY CREDIT CARD Amazon.com Equipment & supplies 626.29 Dominos Pizza Programs -Teen 36.77 River Market Co-Op Programs -Teen 8.78 Valley Bookseller Programs -Teen 25.00 CREDIT CARDS Active911 Inc Subscriptions 25.50 Amazon.com Supplies 210 .01 Backgroundchecks.com Back ground checks 167.25 BCA Training & Auditing Training 500.00 Cub Foods Open house supplies 226 .20 Drury Hotels Hotel for Training -Gannaway 344 .82 Ebay Conference room AV Project 13.22 Foxit Software Inc Foxit Phantom 150.00 ICMA Webinar 149.00 Impark Parking Chiefs Conference 10.00 Kwik Trip Open house supplies 242.27 MN Pollution Control Agency Training 55.00 Network Technologies HDMI for FD garage monitors 65.00 Radford University CPFO Exam 145.00 Sam's Club Open house supplies 364.36 Science Museum of Minnesota Parking for MSFCA Conference 12.00 Whitaker Brothers Business Machine Envelope opener machine 1,141.00 Wholesale Marine lnterlux Fiberglass Bottomkote NT 107.08 Wolf Marine Inc. Boat undercoat cleaner 13.39 NOVEMBER MANUALS Misenor Anthony Refund of over payment 10,926.00 NAC Mechanical Install Hydration stations 1,500.00 EXHIBIT "A" TO RESOLUTION #2018-272 Schafer Karna & Kjill ADDENDUM Greater Stillwater Chamber of Commerce CDW Government Inc. Comcast Loffler Companies Washington County Public Works Washington County Sheriff Xcel Energy Adopted by the City Council this 18th Day of December, 2018 Refund of over payment Matching funds 2019 Stillwater Lights event iPads for Fire Internet Rec Center server replacement project CSAH 23 Q4-18 MDCs Energy Page 5 115.75 15,000.00 1,646.10 254.75 674.00 260,505.26 6,375.00 28,739.31 TOTAL 1,304,937.73 Date: December 17, 2018 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Roll‐off Hauler License DISCUSSION: Atomic Recycling and Veit have submitted the required application and fee for a 2019 Roll‐ off only Hauler License. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting resolution APPROVING ROLL‐OFF HAULER LICENSE contingent upon the satisfactory completion of application submittal requirements. RESOLUTION 2018‐282 APPROVING ROLL‐OFF HAULER LICENSE WHEREAS, Atomic Recycling and Veit have submitted applications for a new hauler license for 2019; and WHEREAS, approval is contingent upon satisfactory completion of application submittal requirements. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Roll‐off Hauler License for Atomic Recycling and Veit. Adopted by Council this 18th day of December 2018. _____________________________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk RESOLUTION 2018‐283 RESOLUTION APPROVING ONE‐YEAR AGREEMENT WITH POLCO CIVIC ENGAGEMENT SOFTWARE PLATFORM WHEREAS, Polco is a civic engagement software platform that is being used by communities in Minnesota to collect online ideas and feedback from community members regarding community services and programs; and WHEREAS, the Polco tool can assist and benefit the City of Stillwater in fostering an engaged community which is an element of the 2015‐2020 Strategic Plan; and WHEREAS, Polco has entered into an agreement with the League of Minnesota Cities (LMC) to report the results of a series of baseline community questions during 2019 at a future LMC conference for all communities that utilize the Polco platform; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a one‐year agreement with POLCO to assist Stil lwater in community survey activities at a cost of $3000 and authorizes the Mayor of the City of Stillwater to sign all necessary documents on behalf of the City of Stillwater. Enacted by the City Council of the City of Stillwater, Minnesota, this 18th day of December, 2018. CITY OF STILLWATER _________________________________________ Ted Kozlowski, Mayor ATTEST: _________________________________________ Beth Wolf, City Clerk RESOLUTION 2018-284 APPROVING THE 2019-2020 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 257 PATROL OFFICERS BE IT RESOLVED, by the City Council of Stillwater, MN that the 2019-2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services (LELS) Local 257 Patrol Officers, as on file with the City Clerk, is hereby approved with the following changes: • Contract Duration -2 year agreement, January 1, 2019 through December 31, 2020. • Wages-General Wage Increase: 3.0% increase effective January 1, 2019; 3.0% increase effective January 1, 2020. • Shift Differential -Employees required to work on July 4, the Saturday and Sunday of Harvest Fest and Lumberjack Days, and the four evening hours of National Night Out shall be eligible for a shift differential of $1.00/hour for hours worked. • Hours of Employment -PD administration will post special events promptly upon notification of need for additional Patrol coverage for event. • Uniforms -Effective January 1, 2019 the Employer will increase the uniform allowance by $50 to $800/year per employee. • Health Insurance -Increase employer contribution to $1,211.86 per month per member toward group health insurance effective January 1, 2019, and increase employer contribution to $1,231.86 per month per member toward group health insurance effective January 1, 2020. • Overtime MOU -Update language to require assignment of overtime shift two weeks in advance (vs. one week) of shift, if not filled voluntarily. • Sick Leave - o Schedule of sick leave accrual adjusted to convert half pay weeks to full pay weeks and delete reference to half pay weeks; o Employees hired on or after January 1, 2019 will earn sick leave at the rate of 8 hours/month to a maximum of 1040 hours. · • Union Security -Language referring to "fair share" deduction is deleted. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 18 1h day of December, 2018. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Key ⍟ = added item from 2017 work session, ⫸ = In progress GOAL I Develop Organizational Excellence Strategic Initiative: Engage & Develop City Council ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Update Council Code of Ethics Policy City Administrator /City Clerk / Staff / City Attorney / City Council 2nd Quarter 2018 Council Conflict of Interest/Ethics guidelines included in Council/Board/Commission Handbook. UW-RF team analysis Dec. 2016; Handbook approved by Council June 2018. ⫸ Create Council /Board/Commission Handbook City Department Staff / City Council 2nd Quarter 2018 Handbook available as a resource of City organization structure & operations for Council, Board and Commission Members. UW-RF team analysis Dec. 2016; Handbook approved by Council June 2018. Strategic Initiative: Maintain High Community Standards ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Develop program & service outcomes to measure performance; consider implementing State of Minnesota performance management plan for City City Administrator / Department Heads/ Council On going Departments establish perf. outcomes; results included in annual reports. State approves application for Performance Plan. Ongoing – City wide annual report completed in April. Outcome measures to be discussed at 2019 Strategic Planning Session. City of Stillwater 2020 Practical Strategic Vision Update – December 2018 Strategic Initiative: Increase Organizational Excellence ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Develop staff performance evaluation system and conduct regular performance evaluations City Administrator / HR Manager / City Clerk 3rd Quarter 2016 - 2018 Performance evaluation system implemented; annual evaluations being conducted Initiated in 2016; system implemented and operational 2018. Refresher training offered in 2019. ⫸ Value City employees – create professional development opportunities, succession planning, employee orientation programs City Administrator / HR Manager / Dept. Heads/ Proposals to be included in annual budget requests Employees motivated to seek professional development and advancement opportunities; provide higher quality customer service Underway; revised recruitment process, orientation/on- boarding process. Staff training programs offered in 2018. GOAL II Develop Our Community Strategic Initiative: Promote Economic Development and Create Plan ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⍟ Develop Economic Development Strategy (that creates tax base, orderly development and job opportunities). City Administrator / Com. Development Director/City Attorney/City Council 4th Quarter 2017 – 4th Quarter 2018 Council conducts Economic Development work session; develop and adopts strategy. Complete industry sector analysis 3rd-4th quarter 2018. *Ordinance amend. for review of use change in downtown structures adopted. *Short term rental ordinance adopted. *Concept plan completed for Aiple property; land transfer from county completed. Non- conforming use ord. update approved. ⫸Update Economic Development Chapter of City Comprehensive Plan Community Development Director – City Council 2017-2018 – (part of City Comprehensive Plan Update) Approval by Met Council 2018- 2019 Activity underway 2017-2018. Draft completed, out for jurisdictional review October 2018. Strategic Initiative: Update Overall Downtown Plans ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Develop and Update Downtown Chapter in City Comprehensive Plan Community Development Director / City Council 4th Quarter 2015 – 4th Quarter 2017 Updated Downtown Chapter in City Comp Plan approved by Met Council in 2017 Advisory Committee work complete. Draft complete June 2017. Out for jurisdictional review October 2018. Complete Overall City Park Plan for Downtown and the community. City Planner / PW Sup / Parks Commission / City Council 2016-2018 Inclusion in City Comprehensive Plan update approval by Met Council in 2018/2019. Draft Park Chapter completed and out for jurisdictional review October 2018. ⍟ Develop maintenance plans for Aiple and Bridgeview parks - summer and winter PW Superintendent & staff / Parks Commission 4th Quarter 2017 – 1st Quarter 2018 Operational plans complete, ID grant opportunities, update CIP to include park amenities in future years. Maintenance planning team being formed. Strategic Initiative: Redefine Events Strategy and Policy ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Review Stillwater Events Strategy City Administrator & Community Development Staff / City Council / Public Works Supt./Parks Secretary 4th Quarter 2015 – 1st Quarter 2018 Council approves Stillwater Events Strategy Revised/Updated events strategy included in policy updates. ⫸ Review and Update Special Events Policies and Programs Consistent with Events Strategy City Administrator & Community Development / City Council/ Parks Secretary 1st Quarter 2016 – 1st Quarter 2018 Updated Special Events policies and programs approved by Council; changes effective for 2018. Events policy updates approved by City Council March 2018. Strategic Initiative: Foster An Active and Engaged Community ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⍟ Create Communication Strategy and Plan City Council / City Administrator 4th Quarter 2017 – 3rd Quarter 2018 Form communication team, develop strategy and plan, push out communications on all channels. Updated City website launched June 2016. Social media sites active. Results of Augsburg MBA team logo/branding analysis to drive strategy 2018. ⍟ Develop City Branding Policy Initiative – “Brand that communicates City is a unique, all-season community to live, work and play”. City Administrator / City Council /Communications Team 4th Quarter 2017 – 3rd Quarter 2018 Fund process, hire firm, develop brand/message, reveal results. Augsburg University MBA team engaged May 2018; analysis & recommendations reviewed by City Council September 2018. Implementation to be discussed at 2019 Strategic Planning session. Strategic Initiative: Enhance a Vibrant & Connected Downtown as a Destination for Residents & Visitors ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⍟ Develop additional arts & cultural sites / opportunities in Downtown City Council / City Administrator 4th Quarter 2017 – 3rd Quarter 2018 Complete DT plan & Special Events Policy, complete parking & traffic study following bridge closing; increase public boat slips (open levy wall to boats?). Initial traffic counts on city streets completed; 2018 Sculpture Tour approved. GOAL III Sustain Strategic Planning & Implementation Strategic Initiative: Commit to Strategic Planning ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Conduct regular strategic planning meetings with Council and Staff City Administrator / City Council Conduct strategic planning work sessions every six months (spring and fall). Update status and results of strategic initiatives Biannual reviews (May & November) with City Council workshops conducted annually. Next session 1st quarter 2019. ⫸ Review Department vision and goals Department Managers Oct. 2015 – Dec. 2017 Dept. vision and goals are aligned with City Strategic Plan Elements Ongoing. ⫸ Make tough decisions Staff and City Council Immediate Consistent application of policies and procedures Ongoing. Strategic Initiative: Commit to/ Implement and Launch Capital Planning ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Develop and Implement realistic and functional Capital Improvement Plan (CIP) Department Heads / Finance Director / City Administrator / City Council Complete 2018- 2022 CIP by November 2017. Annual CIP update by August 1. City Council approves CIP consistent with City Strategic Plan and City Comprehensive Plan. Completed and Ongoing in conjunction with annual budget process. ⫸ Accelerate 5-year CIP to fund priority needs within 2 years Dept. Heads / Finance Director/ City Administrator / City Council Review as part of Annual Budget Process City Council included Capital Improvement budget as part of annual budget approval. Completed and will continue for 2019. ⫸ Remodel Police Department and Upgrade City Hall Police Chief / Community Dev. Dir. / City Adm./ Finance Director / City Council Phase 1 - 2016 Phase 2 – 2017 Phase 3 - 2018 City Council approval of Phase 1 & 2, construction completed on budget & schedule, PD operates from remodeled space. Construction for Phase 1 and Phase 2 completed. Phase 3 underway. ⫸ Develop a CIP funding plan that fits with current debt service standards City Administrator / Finance Director / City Council Annual Budget Proposals Annual and long term City CIP funding plan comports with state, city and financial consultant debt service policies and practices. 2019 CIP and op budget processes underway. Capital carryover requests to be minimized in 2019. Strategic Initiative: Develop a Legislative Agenda ACTION RESPONSIBLE PARTY TIMELINE IMPLEMENTATION OUTCOME/MEASURE STATUS ⫸ Develop a Legislative Agenda Dept. Heads / City Administrator / City Council Integrate into annual process commencing 3rd quarter of year. Identify legislative issues, meet and share issue positions with State elected officials -High priority = St. Croix Riverbank Protection funding. Completed for 2015-16, 2016-17 & 2017-18 legis. cycles. $1.65 million funding request for St. Croix riverbank restoration approved in 2018 State Bonding Bill. Project design underway. Completed Action Items: I. Develop Organizational Excellence *Create and fill Human Resources Manager position Completed April 2016 *Create and fill Zoning Administrator position Completed January 2017 *Complete and Implement Class/Comp analysis Completed August 2017 *Implement standard employee perf. evaluation system Completed January 2018 *Create Council/Board/Commission Handbook Handbook approved by Council June 2018. (includes conflict of interest/ethics guidelines) *Create and fill Facilities Manager position Completed 4th quarter 2018. *Perform Operational review of Fire Dept. Completed 2018. II. Develop Our Community *Evaluate Economic Development staffing Collaborate with County Econ. Devel. Director – 2016. *Update Downtown Chapter of Comp. Plan Draft DT Chapter complete, out for juris. review Oct. 2018. *Update Parks and Econ. Develop. Chapters of Comp Plan Drafts completed, out for juris. review Oct. 2018. *Prepare 2040 Comprehensive Plan Advisory Committee input, draft completed; out for jurisdictional review October 2018. *Economic Development Strategies Completed Short term rental ordinance adopted 2017. Zoning ordinance updates for large DT development -2017. Aiple property transfer to City – 2017. Non-Conforming Use Ordinance updated – 2018. *Update Events Strategy/Policy Updated/Revised events policy adopted March 2018. III. Sustain Strategic Planning & Implementation *Develop and Implement CIP Included in annual budget process. *Accelerate CIP to fund priority needs in 2 years Council approved CIP priorities in 2016, 2017, 2018 budgets. *Remodel Police Dept. and Upgrade City Hall Phases 1 & 2 substantially complete – fall 2017. Phase 3 underway fall 2018. *Develop Legislative Agenda Hired lobbyist, worked with legislators, $1.65 M funding request approved in 2018 State bonding bill. St. Croix Riverbank Protection & Riverwalk project RFP issued, contract awarded, design underway. We remain committed to working with you to minimize claims, keep premium rates stable, and return unneeded funds to members when possible. Since 1987, we have returned nearly $330 million to members in dividends. Thank you for your continued participation in the Trust. Feel free to contact Laura Honeck, Trust Operations Manager, at lhoneck@lmc.org or 651-281-1280 if you have any questions or need additional information. Sincerely, Your Board of Trustees Jake Benson, Councilmember, Proctor Dave Callister, Manager, Plymouth Clint Gridley, Administrator, Woodbury D. Love, Councilmember, Centerville Dave Unmacht, Executive Director, League of Minnesota Cities Alison Zelms, Deputy City Manager, Mankato 21Page 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 18, 2018 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the December 4, 2018 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Resolution 2018‐271, Certificate of Appreciation Retirement – Sharon Harrison, Finance Director 3. Proclamation: Stillwater High School Mountain Bike Team 4. Proclamation: Stillwater High School Boys Soccer Team VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 13. Resolution 2018‐272, directing payment of bills 14. Possible approval of temporary liquor license – Stillwater Elks 15. Resolution 2018‐273, approval of 2019 Fee Schedule 16. Resolution 2018‐274, possible approval of Stillwater Lights Event Contract 17. Resolution 2018‐275, approval of the Letter of Understanding for Impound Housing Services for 2019 18. Possible approval of Sanitary Sewer Adjustments 19. Resolution 2018‐276, designation of depositories for 2019 20. Resolution 2018‐277, approving application to conduct off‐site gambling American Legion Post 491 21. Resolution 2018‐278, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers 22. Resolution 2018‐279, designating the Stillwater Gazette and St. Paul Pioneer Press as the City’s 2019 legal publications, and approving their respective agreements 23. Resolution 2018‐280, resolution to enter into agreement between Washington Conservation District and members of the 2019‐2021 East Metro Water Resources Education Program (EMWREP) 24. Resolution 2018‐281, reappointing members to the Library Board IX. PUBLIC HEARINGS ‐ OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 25. Case No. 2018‐14 This is the date and time for a public hearing to consider a Zoning Text Amendment (ZAT) and City Code Amendment to regulate wireless facilities in Chapter 24: Streets Alleys and Public Property and Sections 31‐315 and 31‐325: Allowable Uses in Residential and Non‐Residential Districts. Notice was published in the Stillwater Gazette on November 30, 2018. (2 Ordinances – 1st Reading – Roll Call) X. UNFINISHED BUSINESS 26. Presentation Truth and Taxation a. Possible adoption of resolutions for 2019 Budget & Tax Levy (2 Resolutions – Roll Call) XI. NEW BUSINESS 27. Nuisance Abatement Hearing ‐ 421 Hanson Place 28. Resolution approving Stillwater application for Federal Hazard Mitigation Grant through the Federal Emergency Management agency (FEMA) for retrofitting of Stillwater fire and police stations with impact resistant window film XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 29. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 4, 2018 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad City Clerk Wolf OTHER BUSINESS Stillwater Lights Event Application City Administrator McCarty informed the Council that the Greater Stillwater Area Chamber of Commerce has made application to place a metal archway frame work of lights for visitors to walk through in Lowell Park, stretching from Mulberry Point to Myrtle Street. The archway will be onsite December through March 31, 2019 and is proposed to remain lighted until 10:00 PM daily. There is no request for use of City parking lots, nor for City public safety staff support. The Chamber is requesting a waiver of the event fees, City payment of electricity costs, and City funding assistance for the cost of the materials. The Parks Commission recommended approval. Staff recommends approval of the Stillwater Lights event in Lowell Park from December 10, 2018 through March 31, 2019, including a waiver of the event fees and City payment of the electricity costs of the lighted archway, with eight conditions. Councilmember Weidner stated that he supports the event and he would like to see it continue and grow next year. Councilmember Junker asked who would be responsible if a section of lights goes out; and Frank Fabio replied that the Chamber would be responsible for operation. They would like to keep adding to it each year. Councilmember Polehna commented that he has contacted MnDOT about putting Christmas lights across the lift bridge. He suggested having local clubs do their own light displays on the waterfront. Councilmember Menikheim commended the Chamber and downtown businesses for coming up with this idea. The City should support it, but he feels it needs to remain a Chamber function, not a City function. City Council Meeting December 4, 2018 Page 2 of 7 Dan O’Neill, O’Neill Electric Inc., provided a drawing of the electrical plan. He stated there is plenty of capacity and he does not expect any issues. City Administrator McCarty stated partial City funding would be available in the Community Beautification Fund and Special Events funds. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the event application, pay for the electric costs, provide matching funds up to $15,000, and waive the event fees for Stillwater Lights for 2018, with the eight conditions recommended by staff. All in favor. Mr. McCarty summarized the conditions and stated staff will finalize the agreement and bring it back to the Council’s next meeting. Planning Division Work Plan for 2019‐2022 Community Development Director Turnblad presented a draft work plan for the planning division of the Community Development Department and summarized the projects by year. Staff will bring the draft plan back to the Council in January. STAFF REPORTS Robert Benson, Water Department Manager, updated the Council on the White Bear Lake/Department of Natural Resources court case, the Residential Irrigation Backflow and Smart Controller Program, Washington County Road projects, and other Water Department activities of the past year. Police Chief Gannaway stated once again the Police Department is participating in Toys for Tots. Community Development Director Turnblad updated the Council on the Minar Neighborhood development moratorium. The City has one year to complete the study and adopt ordinances, and will be informing residents of the process. City Administrator McCarty informed the Council that the new Facilities Manager, Mick Greiner, will start December 5, and the new Finance Director, Sharon Provos, will start December 20. Dave Hoover’s objection to a street assessment has been handed over to the City Attorney. City Pages 2018 named the Stillwater Veterans Memorial parking lot the Twin Cities’ best parking lot. He reminded the Council of the newly elected officials leadership conferences in January and February, and the annual League of M innesota Cities Conference in June. Mayor Kozlowski recessed the meeting at 5:20 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None City Council Meeting December 4, 2018 Page 3 of 7 Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the November 20, 2018 regular meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the minutes of the November 20, 2018 regular meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of new firefighters – Hunter Duncan, Joseph Forliti, Peter King, David Martin, and Karl Sinclair Fire Chief Glaser swore in firefighters Hunter Duncan, Joseph Forliti, Peter King, David Martin, and Karl Sinclair who have completed their one year probation. Their families pinned on their badges. OPEN FORUM Carol Eggers and Joleene Bourdaghs, owners of Shorty Cleaners, asked what the City’s intentions are regarding their property. They requested that the Council make a statement for the public record that the City is not condemning Shorty’s, that the Council has rescinded the attempt to take their property by eminent domain, and will not pursue it in that manner in the future. City Attorney Land stated that the Council took action to rescind the condemnation resolution for Shorty’s, and that is all the Council has done at this point. It is not currently up for reconsideration, but that is not to say that the Council would not reconsider the action in the future, because the Council is always looking at development opportunities around the community. Allan Lavalier and Lynn Raarup, 707 West Maple Street, voiced a concern about the extended idling of diesel trucks near their home, which they stated has been creating a nuisance and a health hazard for several years. They have heard from responding officers that the current public nuisance ordinance is subject to interpretation on this topic. They feel the City should adopt specific guidelines to address the extended idling of vehicles. Police Chief Gannaway stated he will work with the City Attorney to determine what is enforceable and what is not under the current ordinance. Mayor Kozlowski commented he would be hesitant to adopt an ordinance preventing people from warming their cars up in the winter time. He feels the issue could be resolved with neighbor relations. City Council Meeting December 4, 2018 Page 4 of 7 Library Director Mark Troendle reported that the library will host a reception December 15 with award winning photographer Craig Blacklock. He thanked all the City departments that have helped the library this year. CONSENT AGENDA Resolution 2018‐263, Directing the Payment of Bills Resolution 2018‐264, approving contract for mowing, snow and ice removal and cleanup services for 2019‐2021 Resolution 2018‐265, a resolution of the Stillwater City Council directing the publication of an ordinance by title and summary for the possible approval of the second reading of Ordinance 1116, an ordinance amending Chapter 43 regarding liquor of the Stillwater City Code (2nd Reading) Possible approval of the second reading of Ordinance 1117, an ordinance amending the Stillwater City Code Sec. 31‐216, Nonconforming Use Regulations (Larson) (2nd Reading) Possible approval of the second reading of Ordinance 1118, an ordinance amending the Stillwater City Code Chapter 31, entitled zoning ordinance, by amending the zoning map of the city to rezone certain property within the AP – Agricultural Preservation District by adding them to the RA – One Family Residential District (Nelson) (2nd reading) Possible approval of the second reading of Ordinance 1119, an ordinance repealing Chapter 39A of the Stillwater City Code (TAF) (2nd reading) Resolution 2018‐266, resolution granting license to Patricia Wolf for the operation of multi‐person cycle tours on city streets in 2019 and rescinding Resolution 2017‐251 Resolution 2018‐267, approving Assessment Appeal Waiver Agreement for PID No. 21.030.20.43.0099, 209 Wilkins St. E. Resolution 2018‐268, approving Solid Waste, Recycling and/or Roll‐Off Hauler License Resolution 2018‐269, approving 2019 renewal of tobacco license to Fog‐E‐Cig Stillwater, LLC, dba: Fog E‐Cig Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. City Council Meeting December 4, 2018 Page 5 of 7 NEW BUSINESS Possible approval of purchase of unmanned aerial system for Police Police Chief Gannaway explained the request and added that the Department has a drone use policy that protects privacy and constitutional rights. Two officers have been trained as FAA licensed operators. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the purchase of an unmanned aerial system for the Police Department. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Truth in Taxation Presentation City Administrator McCarty reviewed the proposed 2019 operating revenues and expenditures. He explained the consulting fees which had been targeted for a possible budget reduction in September, when the Council considered the match requirement for the SAFER firefighter grant. Ultimately the City declined the grant opportunity, therefore staff is recommending reinstating those items. He added that the alternative health insurance plan for retirees was well received and will result in savings of at least $50,000. Finance Director Harrison explained how the property tax rate is calculated. She stated the tax rate has jumped slightly due to the increase in property tax levy, but it has remained low because of a 7.5% increase in taxable value. Mr. McCarty reminded the Council that the City is just one component of an overall property tax bill. Councilmember Weidner asked why the consulting fees would be put back into the budget if the City could have gotten by without them. He noted this is the highest budget increase he has seen. City Administrator McCarty responded that the consulting fees were considered a reasonable place to cut because the City did not have a prominent item for legislation at the state level that would require lobbying efforts. The City can survive without reinstating the funding for those areas, it would just mean stretching the timeline to accomplish the planning for those activities. He added that next week, staff will have a much clearer idea of the dollar amount of the potential health insurance savings for the retiree group. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to continue adoption of the final 2019 budget and 2019 levy to the next meeting. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None Possible approval of 2019 City Council and Boards/Commission Meeting Calendar City Clerk Wolf noted that three Council meetings needed to be reschedule, the Planning Commission is moving their meeting day from the second Wednesday to the fourth Wednesday and Charter Commission set their meeting dates for the year. City Council Meeting December 4, 2018 Page 6 of 7 Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2018- 270, adoption of 2019 City Council and Boards/Commissions Meeting Calendar. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS CONTINUED Proclamation: Bob Webber – French Legion of Honor Medal recipient Mayor Kozlowski read a proclamation designating December 5, 2018 as Bob Webber Day in honor of Mr. Webber receiving the French Legion of Honor Medal for his actions as a member of the American 517th Parachute Infantry Regiment during World War II. COUNCIL REQUEST ITEMS Councilmember Polehna stated the 34th MPs are having their holiday ball this weekend. He commended Cub Foods for their support of the military. He added that the annual pheasant hunt for the troops returned from Iraq and Afghanistan will take place this weekend and commended Eckberg and Lammers for their support. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn. All in favor. The meeting was adjourned at 8:22 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2018‐263, Directing the Payment of Bills Resolution 2018‐264, approving contract for mowing, snow and ice removal and cleanup services for 2019‐2021 Resolution 2018‐265, a resolution of the Stillwater City Council directing the publication of an ordinance by title and summary Resolution 2018‐266, resolution granting license to Patricia Wolf for the operation of multi‐person cycle tours on city streets in 2019 and rescinding Resolution 2017‐251 Resolution 2018‐267, approving Assessment Appeal Waiver Agreement for PID No. 21.030.20.43.0099, 209 Wilkins St. E. Resolution 2018‐268, approving Solid Waste, Recycling and/or Roll‐Off Hauler License City Council Meeting December 4, 2018 Page 7 of 7 Resolution 2018‐269, approving 2019 renewal of tobacco license to Fog‐E‐Cig Stillwater, LLC, dba: Fog E‐Cig Resolution 2018‐270, adoption of 2019 City Council and Boards/Commissions Meeting Calendar Ordinance 1116, an ordinance amending Chapter 43 regarding liquor of the Stillwater City Code Ordinance 1117, an ordinance amending the Stillwater City Code Sec. 31‐216, Nonconforming Use Regulations [Larson] Ordinance 1118, an ordinance amending the Stillwater City Code Chapter 31, entitled zoning ordinance, by amending the zoning map of the city to rezone certain property within the AP – Agricultural Preservation District by adding them to the RA – One Family Residential District [Nelson] Ordinance 1119, an ordinance repealing Chapter 39A of the Stillwater City Code [TAF] EXHIBIT "A" TO RESOLUTION #2018-272 LIST OF BILLS A-1 Excavating Inc Abrahamson Nurseries Acapulco Restaurant Accela Inc Ace Hardware Armor Security Inc. Aspen Mills Atlas Outfitters Becker Fire Safety Services LLC BHE Community Solar Board of Water Commissioner Brueghel Judith Buberl Black Dirt Inc. Business Data Record Services Cargill Inc. CDW Government Inc. Century Link Cintas Corporation City of Oak Park Heights Comcast Computer Integration Technologies Conference Room AV Daleo Davis Jeremy Dell Marketing LP. ECM Publishers Electric Fire & Security Element Materials Technology Enterprise FM Trust Envision Glass Inc Flexible Pipe Tool Co. Galls LLC Gertens Wholesale Goodyear Commercial Tire Gopher State One Call Inc. Greater Stillwater Chamber of Commerce H&L Mesabi Hagen Mike Heikes Tree Service Hoisington Koegler Group Inc lndelco Plastics Corporation International Code Council International Code Council International Society of Arboriculture Jefferson Fire and Safety Inc. Johnson Controls Fire Protection LP Kelly & Lemmons PA Kochendorfer Barbara & Steve Krueger's Christmas Trees Lakeview Hospital League of MN Cities Ins Tr Levander Gillen Miller PA Marylane drainage Refund SUP Reserve award reception Monthly UB web payments Supplies Quarterly Monitoring Service Uniforms Ice rescue suit Extinguisher service Solar Garden Irrigation repairs Reimburse for expenses Black dirt Document destruction services Deicer Computer equipment Fire alarm & phones Uniforms & mat cleaning service Traffic study Cable TV, Internet & Voice Professional services Network infrastructure upgrade Janitorial supplies Refund of overpayment Computer replacement Publications Fire alarm inspection Pioneer Park bathrooms Lease vehicles City Hall Project Equipment repairs Uniform supplies Garland Tires Locates Seminar Equipment repair supplies Reimburse for expenses Tree removal at Long Lake Professional services Equipment repair supplies Membership '18 IPMC Soft Membership & certification study guides Helmets Monitoring at parking structure Professional services Planning Escrow Refund Wreaths Legal blood draw Quarterly Municipality Insurance Professional services Page 1 188,174.86 300.00 306.14 527.85 465.93 84.00 1,668.14 1,338.50 80.20 3,596 .37 871.87 35 .69 60.00 116.50 21,739.44 14,386.85 264.12 371.52 2,591.99 371.94 498.50 995.00 101.78 3.00 5,024 .00 47.50 448.75 849.75 5,542.08 596.60 278 .30 254.32 77.90 1,579.56 238.95 25.00 1,494.40 202.82 7,500.00 1,062.25 88.58 135 .00 43.50 352 .80 997.85 648.29 7,887.00 2,976.55 70 .00 SO.DO 68,969.00 27,260.00 EXHIBIT "A" TO RESOLUTION #2018-272 Lincoln National Life Insurance Co Live Action Safety Livermore Bruce & Linda Loffler Companies Malwarebytes Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Metropolitan Mechanical Contractors MN Dept of Transportation MN Pollution Control Agency MnFIAM Book Store MP Nexlevel LLC NAC Mechanical and Electrical Services NAPA Auto Parts Northwest Lasers & Instruments OnSite Sanitation Performance Plus LLC Pinky's Sewer Service Pioneer Press St. Paul Pomps Tire Service Inc . Primary Products Co. Pro-Tee Design Pullen Annette Marie Quill Corporation Rehn Code Consulting Services Restaurant 232 LLC Ross Richard & Cheryl Safe Fast Inc SASCS LLC SEH Inc Shilts Cindy Siegfried Construction Company George Simplifile LC Sodergren Scott St. Croix Boat and Packet Co . Stillwater Armory Fund Stillwater Collision and Mechanical Stillwater Motor Company Streichers TBEI lnc/Crysteel Manufacturing Terry Slane & Ruohonen PLLN Thomson Reuters Thomson Reuters Thoren Dawn TKDA Toll Gas and Welding Supply Tri-State Bobcat Tri-State Pump and Controls Inc. Truck Utilities Inc. Uline Inc VariTech Force America Visual Labs COBRA Life Insurance Bleeding prevention kits Planning Escrow Refund IT Professional services Malwarebytes Fuel Electrical repair Supplies Wastewater Charge Maintenance 2018 Street Project Certification fee Training materials Locating City Hall Project Equipment repair supplies Equipment repair supplies Portable Restroom Drug screen Lift station pumping Subscription Tires Nitrile gloves Panic button moved Professional services Batteries Plan review LP Refund due to over pmt of liquor lie -2 months Planning Escrow Refund Supplies Fire instructor course Ice Castle Site Eval Reimburse for expenses Lily Lake dock removal Filing fee Planning Escrow Refund Ramp cleaning Lease for space at the Armory for elections Repair Vehicle repairs Ammo & uniform supplies Equipment repair supplies Refund data request unable to fulfill PPC guide tp fin stmt prep Information Charges Reimburse for short pmt for reg of F350 at Wash Cty Lie Ctr Marylane drainage Cylinders Equipment rental Repaired pump Equipment Supplies Elec plunger valve Software Page2 7.20 4,423.00 2,826 .25 515.00 3,978.05 7,461.10 2,115.00 410.10 153,390.29 813.00 1,350.11 45.00 80.00 763.75 2,798.70 35.98 315.00 591 .00 90 .00 525.00 186.84 868.00 100.17 110.00 90.00 28.99 1,359 .72 514.60 2,876.25 409.20 300.00 144 .87 375.38 1,554.75 200.00 500.00 810 .00 120.00 1,519.00 137.24 744.90 86 .09 30.00 338.25 141.94 10.00 634.92 42.72 1,800.00 3,317.72 17,658.95 768 .75 365 .94 12,348.00 EXHIBIT "A" TO RESOLUTION #2018-272 Voyant Communications VSAlnc Wahlquist Craig Washington County Public Works Wenck Construction Winnick Supply WSB & Associates Inc. Zee Medical Service Ziegler Inc. REC CENTER 1ST Line/Leewes Ventures LLC Advanced Sportswear Arrow Sports Group AT&T Mobility Century Link Cintas Corporation Cub Foods HDR Arch itecture ISO #834 Stillwater Area Schools Menards Pepsi Beverages Company Riedell Shoes Inc. St. Croix Boat and Packet Co. LIBRARY Abbott Paint Ace Hardware Armstrong & Associates LLC Sarah Keister Bibliotheca LLC Brodart Co CDW Government Inc. Demeo Inc. Ebsco Publishing Friends of the Stillwater Public Library Illinois Library Association Images of the Past Loffler Companies Loft Literary Center Midwest Tape Nardini Fire Equipment Office of MN IT Services Petrie Angela Quill Corporation Recorded Books Inc Reyers Mariah E. Washington County Library Xcel Energy Phone Conf Rm Tech Upgrade Planning Escrow Refund CSAH 12 & 5 City Hall Project Equipment repair supplies Professional services First aid supplies Equipment rental Snack for concessions Uniforms Concession supplies Cell phone Telephone Mat cleaning service Concession supplies Rec Center Dome Project Community Ed Ad Equipment repair supplies Concessions Skates Arena billing Paint Supplies Strategic Planning Services Equipment Service Materials Polycom Processing Supplies Periodicals Friends Reimbursement for Nov Sales Materials Materials Switches Firewall UPS Programs -Adult Materials Annual Inspection Phone -October Staff Reimbursement Supplies Materials Programs Antivirus Energy Page 3 534.99 1,555.00 2,826 .25 183,255 .83 17,180.00 59 .06 5,824.75 156.05 400.00 502 .00 2,089 .00 162.00 71 .17 63 .29 120.28 9.00 7,748.69 700 .00 247.37 470 .60 582.26 61,512.27 297 .08 120.22 5,000.00 20 ,642 .67 6,993 .72 510 .30 8,221.41 6,019 .35 203.50 31.25 355 .00 17,283.00 1,107 .00 1,871 .07 1,241.31 138.50 29.31 237.92 6,453.57 300.00 673.50 4,086 .42 TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: December 12, 2018 SUBJECT: 2019 Fee Schedule DISCUSSION City Council each year, reviews the Fee Schedule for the next year. Attached is the proposed 2019 Fee Schedule. The proposed changed are in red. The proposed adjustment in fees and additions to the schedule are based on resolutions/ordinances adopted by City Council in 2018. The 2019 Fee Schedule would be effective January 1, 2019. RECOMMENDATION Staff requests that Council review and approve the proposed 2019 Fee Schedule. ACTION REQUIRED If Council concurs with the changes to the Fee Schedule they should pass a motion adopting Resolution 2018‐273, Adopting 2019 Fee Schedule. RESOLUTION 2018-022273 RESOLUTION ADOPTING 2018 2019 FEE SCHEDULE (Amended February 20, 2018, March 20, 2018, July 3, 2018) NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby adopts the following fee schedule and administrative citations fine schedule for 20182019, effective January 16, 20182019. I.COMMUNITY DEVELOPMENT FEES: PLANNING FEES AND ESCROWS The following fees are applicable for all requests submitted to the Downtown Parking Commission, Heritage Preservation Commission, Planning Commission and/or City Council. Fee Technology Fee $25 Appeals $50 Pre-Development Applications For applications for Joint Board approval, the escrow amount will be dependent on project location, site condition and type of development. Escrow amounts listed herein are minimum requirements. Fee Escrow Annexation Permit 0-10 acres $1,000 10+ acres $2,000 Comp Plan Amend 0-5 acres $1,000 $500 6-40 acres $2,500 $5,000 41-80 acres $5,000 $5,000 over 80 acres $7,500 $20,000 Lot Line Adjustment $25 Planned Unit Development (PUD) Concept Plan 0-5 acres $3,000 $5,000 6-40 acres $5,000 $5,000 41-80 acres $7,500 $10,000 over 80 acres $10,000 $10,000 Final 0-5 acres $1,000 6-40 acres $2,000 41-80 acres $3,000 over 80 acres $5,000 2019 Fee Schedule Page 2 of 17 Subdivision Preliminary Plat 0-5 acres $500 + $100 per lot $2,500 6-40 acres $1,000 + $100 per lot $5,000 41-80 acres $2,000 + $100 per lot $7,500 over 80 acres $5,000 + $100 per lot $10,000 Final Plat 0-5 acres $500 6-40 acres $1,000 41-80 acres $2,000 over 80 acres $5,000 Resubdivision $250 Administrative Subdivision Tax Increment Financing App. Fee $50 $5,000 Zoning Amendment (text or map) 0-5 acres $500 $500 6-40 acres $2,500 $2,500 41-80 acres $5,000 $5,000 over 80 acres $7,500 $10,000 Planning and Zoning Use Permits Applications For applications requiring an escrow, escrow amounts are dependent on project location, site condition and type of development. This is noted as ‘TBD,’ below. Fee Escrow Beekeeping Permit (2 year permit) $50 – Renewals without changes have no fee Chicken Keeping Permit (2 year permit) $50 – Renewals without changes have no fee Conditional/Special Use Permit Residential $200 Non-Residential $500 TBD Short Term Rental $200 Home Occupations Type I $25 Type II & Type III $200 Seasonal Outdoor Sales $250 Renewal with no changes $25 Renewal with changes $250 Misc. Planning and Zoning Permit and Applications Fence Permit $25 2019 Fee Schedule Page 3 of 17 Sign Permit $50 Variance Residential $200 Non-Residential $500 TBD Zoning Letter $100 Bed & Breakfast Inspection $100 Certification of Compliance $100 Use Determination $500 Legal Non-conforming Use Change $500 Tree Cutting Permit $25 Short Term Home Rental License (valid 3 years) $300$50 Inspection $150 each License Renewal with no changes $25 Short Term Rental License Renewal with changes $300$50 Heritage Preservation Commission Applications Design Review Permit $25 Site Alteration Permit $25 Demolition Demolition Permit $150 Demolition Designation Study $5,000 Infill Design Permit $150 II.BUILDING FEES:Fee Escrow Contractor License (per year)$100 Contractor License Verification $5 Lead Certification/Verification $5 III.ENGINEERING FEES: An Escrow shall be established as indicated above to cover engineering and legal fees incurred by the City as part of the plan review. This is noted as ‘TBD,’ below. 1) The fee shall be doubled for after-the-fact permit applications. 2) The Uniform Building Code establishes a fee schedule for grading permits. Engineering Development Fees (Rev. 2018-027) FeeFee Escrow AUAR Single Family $6,100/acre Multi-family/Commercial $12,200/acre Transportation Adequacy Fund (See Ord 1076, Ex. B) North $7,932/acre) Middle $8,379/acre South - Commercial $24,724/acre - Residential $7,062/acre Trunk Sewer and Water Phase III Annexation $17,781/acre Long Lake East $9,993/acre 2019 Fee Schedule Page 4 of 17 Long Lake West $15,070/acre Middle Trunk A $6,351/acre Boutwell East $14,135/acre Boutwell West $10,946/acre Park & Trail Fee See Ordinance 963 Engineering Permits Grading Permit Residential $150 $1,500 Non-Residential $500 $5,000 Obstruction Permit (for two week period) $90 Right-of-Way Permit: The following was approved in 2003 by Resolution 2003-075 PERMIT TYPE FEE Hole: $150.00 per hole Trench: $150.00 plus $0.40 per lineal foot of trench Boring: $150.00 plus $0.40 per lineal foot of boring Non-excavation (Obstruction): $50.00 plus $0.06 per lineal foot Extension: $25.00 plus $25.00 per week of extension Penalty: 2 times the amount of standard permit Degradation: To be calculated by City (see below for estimates) DEGRADATION FEES – homeowners are exempt on repairs to existing sewer and water services in the right-of-way. DEGRADATION FEE ESTIMATES FOR BITUMINOUS STREET: New Street 0 to 5 years $4.00 per square foot Existing Street $2.00 per square foot Street to be reconstructed in next 5 years $1.00 per square foot DEGRADATION FEE ESTIMATES FOR BITUMINOUS PATHWAY: New Path 0 to 5 years $1.50 x path width x length Existing Path 5 years old to 5 year plan $1.00 x path width x length Path to be reconstructed in next 5 years $0.50 x path width x length Street Vacation $350 Additional Engineering Charges Sewer & Water Hookup (implemented 2007 rev. #2018- 027) Sanitary Sewer $4,303 2019 Fee Schedule Page 5 of 17 Water $4,303 IV.FINANCE FEES: Fee Assessment Searches $25 Assessment Roll Copy (each)$25 Mowing & Snow Removal Services In addition to contractual services. One time service call or first reoccurring service call $100 Second and each additional reoccurring service calls $50 NSF Checks or denial of ACH Fee Maximum allowed by law. Sanitary Sewer Rates - Per Quarter First Minimum Charge $43 Overage Charge $5.60 Penalty/Late Fee $25 Sign and Lighting - Per Quarter Residential $8 Non-Residential Based on acreage. Storm Water Rate - Per Quarter $11.75 V.FIRE INSPECTION: Fee Annual license for retail sales of consumer fireworks $100 Fireworks Display Permit (Pyrotechnics) (Ord. 943) $100 Automatic fire extinguishing systems 1.2% of value, $100 mminimum Fire alarm systems 1.2% of value, $100 minimum Open burning permit $20 Residential daycare and foster care inspection $50 Tank removal permit $75 Yearly nuisance/false alarm fees* – Residential $0 1-2 $75 3-4 $150 5-6 $300 7-8 $400 9 + Yearly nuisance/false alarm fees* – Commercial $0 1-2 $90 3-4 $180 5-6 $360 7-8 $425 9 + *False alarm fees based on calendar year and per call basis. 2019 Fee Schedule Page 6 of 17 VI.MISC. ADMIN FEES Prepared Maps Black/White/Blue Line As-built Drawings (11 x 17) $10 minimum or $3 per page City Map (8.5 x 11) $2 City Map (11 x 17) $2 Land Use Map (11 x 17) $4 Zoning (8.5 x 11) $2 Zoning (11 x 17) $4 Color City Map (8.5 x 11) $2 City Map (11 x 17) $2 Land Use Map (11 x 17) $7 Parcel Map Available through Washington CCounty Topographic Maps Available through Washington County Zoning (8.5 x 11) $5 Zoning (11 x 17) $7 Data Practices Requests – as described in Data Practices for Public approved by Council August 18, 2015 Data Practices Research Deposit $300 Copies (Black and White) 100 or fewer pages for 25¢ for a one-sided letter or legal size paper copies 50¢ for a two-sided .For 100 or Fewer Paper Copies – 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Copies (Color/Prints) per side Copies (Color/Prints) per side (8.5 x 11) (1-5 pages) $2.00 (8.5 x 11) (6-50 pages) $1.75 (8.5 x 14) (1-5 pages) $2.50 (8.5 x 14) (6-50 pages) $2.25 (11 x 17) (1-5 pages) $3.00 (11 x 17) (6-50 pages) $2.75 Data on CD/DVD copies Data on CD/DVD copies $15.00 2019 Fee Schedule Page 7 of 17 Most Other Types of Copies – Actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email or via Dropbox (or similar program). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the current year Administration Secretary hourly rate. If, because of the subject matter of your request, we find it necessary for a higher-paid employee to search for and retrieve the data , we will calculate the search and retrieval portion, Department Heads, Managers, Human Resources Manager,) *Electronic data fee must be paid before sending information. Publications/Minutes/Agendas: Fee Budget Book $25 City Code Book Unbound $100 Bound $125 Comprehensive Plan printed & bound $75 CD $15 Design Manual $5 Downtown Plan $10 Financial Report $50 Mailed agendas – per year $20 + Postage Mailed minutes – per year $60 + Postage Zoning Book $25 Other Services Copies (B/W) per side (8.5 x 11) .25¢ (8.5 x 14) .50¢ (11 x 17) .75¢ Copies (Color/Prints) per side (8.5 x 11) (1-5 pages) $2 (8.5 x 11) (6-50 pages) $1.75 (8.5 x 14) (1-5 pages) $2.50 (8.5 x 14) (6-50 pages) $2.25 (11 x 17) (1-5 pages) $3 (11 x 17) (6-50 pages) $2.75 Data on CD/DVD copies $15 (City meetings available on DVD through Valley Access Channels at 651-430-2921) 2019 Fee Schedule Page 8 of 17 Garbage Solid Waste, Recycling and/or Roll-off Hauler License Fee $ 300.00 Rolloff License Fee $ 50.00 (Enacted – January 1, 2019) FeeLiquor & Tobacco Licenses* (PER YEAR): Commercial Property (include roll-off) $300 Residential Property (including roll-off) $300 Roll-off Only $50 Liquor & Tobacco Licenses* (PER YEAR): On-Sale $2,887.50 On-Sale Club $446.25 On-Sale Sunday $200 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2% Malt Liquor $162.75 Off-Sale 3.2% Malt Liquor $57.25 Brewer Tap Room $500 Brewer Off-Sale $200 Brewers Tap Room On-sale Sunday $200 Consumption & Display $250 & & $250 Payable to AGED *Public hearing required to change City license fees. Liquor & Tobacco License Violation Appeal $100.00 plus any Hearing Officer Fees ($90.00 per hour) Tobacco (PER YEAR) $250 Initial Tobacco Investigation Fee $250 Initial Liquor Investigation Fee $300 Permit to consume $35/day Annual Investigation (Liquor & Tobacco) $150 Temporary Liquor License Fee (12/ per year – on-sale) $25 per day Temporary Liquor License Fee (3.2% unlimited) $25 per day Pawn Broker Fee: $5,000 plus $200 monthly fee for computer access charges VII. STILLWATER PARK FEES: All groups, including not‐for‐profit groups and educational institutions must pay deposits and rental ofamenities when holding an event. 2019 Fee Schedule Page 9 of 17 Park Facilities (Picnic Shelters, Gazebos, Pergolas) $100 refundable damage deposit plus one of the following fees: $50/day for Stillwater city resident or $100/day for non-Stillwater city resident. Ball fields (for tournaments): $300 fee & refundable damage deposit $150 Preparation of Ball fields: Lower Lily Lake field $20/game Upper Lily Lake field $15/game Public Works Field $15/game Lacrosse $20/application Football $25/application Soccer $20/application Baseball & Softball $15/game (all City Fields with the exception of Lower Lily Lake field which is $20/game) Park Open Space A $100 refundable damage deposit (i.e. weddings) - Non-Resident Fee of $50 Pioneer Park Bandshell and Lowell Park Amphitheater $100 refundable damage deposit and $125/day fee for residents and nonresidents (anytime). All groups, including not-for-profit groups and educational institutions must pay to use the Bandshell and Lowell Park Amphitheater. Teddy Bear Park Building Rate Schedule A $100 refundable damage deposit per floor is required plus the following: Mon-Thurs Resident Non- Resident Non-profit Group For-Profit Group First 3 hrs. (1st floor) $50 $80 $50 $80 Add’l hour (1st floor) $15 $25 $15 $25 First 3 hrs. (2nd floor) $40 $60 $40 / $10* $60 Add’l hour (2nd floor) $10 $15 $10 / $5* $15 *Rate based on a minimum of 10 meetings per year with no food at the meeting. Fri-Sun Resident Non- Resident Non-profit Group For-Profit Group First 3 hrs. (1st floor) $90 $160 $90 $160 2019 Fee Schedule Page 10 of 17 Add’l hour (1st floor) $25 $45 $25 $45 First 3 hrs. (2nd floor) $70 $125 $70 $125 Add’l hour (2nd floor) $20 $35 $20 $35 EVENTS & SPECIAL EVENTS (Rev. Res. 2018-050) All groups, including not‐for‐profit groups and educational institutions must pay deposits and rental of amenities when holding any event. Event permit fees for city services will be limited to the city’s out‐of‐pocket expenses attributable to the event. Out‐of‐pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, any contracted services and extraordinary use of city equipment for the event. Event Application Fee $0 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Event Application ‐ Late Fee $100 Event Fees (Defined): Event Special Event Special Event With Contract No event base fee required $500 per day* Base Fee $500* per day* (Replaces Park Impact Fee) Base Fee subject to negotiated contract provisions. Events with Routes – No participant fee required Events with Routes – $1 per registered participant Events with Routes – $1 per registered participant $100 refundable damage deposit if using a park $1,000 Security Deposit $1,000 Security Deposit subject to negotiated contract provisions. *Per Day includes each day of event. Separate load‐in day fee of $500/day will apply. Water Shut‐off Key Deposit $50 Police Services Police Dept. Personnel/Officers Overtime Rate – 2 hr. Minimum Police Reserves $15 per hour – 2 hr. Minimum Fire Department Personnel Overtime Rate – 2 hr. Minimum Fire Department On‐Call Personnel $15 per hour – 2 hr. MinimumRegular Hourly Rate Materials: Barricade 4’ to 12’ Saw Horse (No Flasher) $2/barricade/each day of event Barricade 4’ to 12’ Saw Horse (With Flasher) $5/barricade/each day of event Type III Barricades $5/barricade/each day of event Drums $1/drum/each day of event Electrical use (Lowell Park) $20/per elec. box/each day of event Electrical use (Parks, except Lowell Park) $10/each day of event PD No Parking Signs $3/sign/each day of event plus labor if after normal business hours Picnic Tables $10/table/each day of event Portable toilet – Handicapped $150/event/unit Portable toilets $60/event/unit Additional Service $25/unit/service 2019 Fee Schedule Page 11 of 17 Reflective Cones $1/cone/each day of event Refuse Collection Cost of staff time. Traffic Sign on stand $2/sign/each day of event Trash Containers $8/container/each day of event VIII.PARKING FEES: DOWNTOWN PARKING RENTAL RATES - PEAK SEASON (May through September) Weekday1 Weekend1 Lot 1 $15/day/space2 $15/day/space2 Lot 2 $9/day/space3 $9/day/space3 Other paved city lots $1.50/day/space4 $3/day/space4 Unpaved city lots $1/day/space4 $1.50/day/space4 On-street parking (except on Main St5) $9/day/space $9/day/space DOWNTOWN PARKING RENTAL RATES - OFF SEASON (October through April) Weekday6 Weekend6 All lots: 3 hours or less Free, but must be approved by Parking Commission Free, but must be approved by Parking Commission All lots : > 3 hours $1.50/day/space $1.50/day/space On-street parking (except on Main St. 5) $3/day/space $3/day/space 1 Peak season weekday = Monday through Wednesday; Peak season weekend = Thursday through Sunday 2 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours = $5; >4 but <8 hours = $10; more than 8 hours = $15 3 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours = $3; >4 but <8 hours = $6; more than 8 hours = $9 4 This rate applies whether the space is used (or reserved) for a partial or full day. 5 On-street parking spaces cannot be reserved on Main Street. 6 Off season weekday = Monday through Thursday; off season weekend = Friday through Sunday PERMIT PARKING (Surface Lots): Downtown Residental Permit parking per month per vehicle (24/7) $20 Downtown Business Permit parking per month per vehicle (no overnight parking) $20 2019 Fee Schedule Page 12 of 17 PARKING RAMP A. Hourly Parking (Available daily, except during events) 1.Single coupon purchase1 Standard rate is $3; coupon dispensed at entrance gate. Summer weekday rate is $3. Rate in effect May 1 to October 31. Weekdays are considered to be Monday through Thursday at 5:00 p.m. Summer weekend rate is $5; coupon dispensed at entrance gate. Rate in effect from May 1 to October 31. Weekend rate begins Thursday at 5:00 p.m. and ends Sunday at 8:00 p.m. 2.Bulk coupon purchase1 Hourly parking coupons can be purchased in advance at City Hall for a discounted rate, if purchasing at least 10 of them. A standard $3 coupon is reduced to $2.50 each. A summer weekend $5 coupon is reduced to $4.50 each. 1 All day to 2:30 a.m. B. Contract Parking 1.Business Hour Passes1 Minimum purchase of three months is required. Valid weekdays from 6 a.m. to 6 p.m. Pass for uncovered space (4th level) $10/month Pass for covered space (levels 1-3) $15/month Covered spaces, bulk rate (5 or more) $12/month Pass for covered reserved space $20/month After 6 p.m. hourly rates apply. 2.Extended Hours Business Passes1 Minimum purchase of three months is required. Hours vary according to type of pass: Covered reserved space Valid weekdays to 9 p.m.$23/month Hospitality Industry pass Valid daily to 6 a.m. next morning $20/month 1 $10 activation fee; $5 re-activation fee (if account goes inactive for a month or more); $5 for lost pass C. Residential Parking (No restriction on parking hours, i.e. 24/7/365) 25 residential passes available1 Minimum purchase of three months is required. 8 year-around passes for Rivertown Commons residents. $25/month each 17 parking passes available to any resident of the City.2 2019 Fee Schedule Page 13 of 17 $35/month each $25/month each with State issued handicapped parking permit 1 $10 activation fee; $5 re-activation fee (if account goes inactive for a month or more); $5 for lost pass. 2These passes are sold on a first-come, first-served basis. No more than 25 passes can be sold at any one time. Parking before or after the permitted hours is subject to the flat fee for transient parking, or the event parking fee if that applies. D. Event Parking Summer weekend May 1st and October 31st 5:00 pm on Friday evening through Sunday evening at 8:00 pm Flat $5 Special Events Flat $10 Parking during events does not include overnight parking. Any vehicle parked at the event rate after 2:30 am will be subject to towing. IX. PARKING VIOLATIONS Any violation not preceded by another parking violation the prior 90 days $25 Any violation preceded by one parking violation within prior 90 days $20 Any violation preceded by two parking violations within prior 90 days $30 Added to fine if not paid within 10 business days of issuance $25 X.POLICE FEES: Administrative Citation Fees (see attached) Audio Copy $15 Bicycle License $1 Dog Impound $50 Resident and Non-Resident Dog Licenses - per year $10 Resident and Non-Resident Dog Licenses Replacement Tag $5 Dog – Potentially Dangerous $50 Dog – Dangerous $200 In-house statistical computer run $25 Kennel $250 Peddler Background Check per applicant and each representative $15 Police Reports $0 Special vehicle license $100 State Accident Reports $0 Video Copy $40 Police Services (Resolution 2014-107) Activities that DO NOT fall under Events, Off-Duty Police Officers (paid directly to Officers) (rev. Resolution 2018-027) $50 per hr. 3 hour Minimum Police Reserves (paid directly to Reserves) $20 per hr. 3 hour Minimum 2019 Fee Schedule Page 14 of 17 XI.ST. CROIX VALLEY RECREATION CENTER RATES: Hourly Rates: Prime Time Non-Prime Time Summer Ice Rec Center Ice $2005/hour $160/hour $160/hour Lily Lake Ice $195200/hour $160/hour $160/hour Full Field Hours $300/hour $200/hour $200/hour Half Field House $200/hour $175/hour $175/hour Outdoor Field $20/hour $20/hour $20/hour Other Rates: Open Skating $5/child $6/adult Open Field $5/child $6/adult - XIII.XII.VIOLATIONS: ADMINISTRATIVE CITATIONS Fine Stillwater City Code Animal – Wild or Dangerous Dog $200 City Code § 27-2 Animal violations $50 Sec. 27-1-5 Automobile fenders $60 Minn. Stat. §169.734 Auxiliary lights $60 Minn. Stat. §169.56 Bee Keeping Violations $50 City Code § 27-3 Brakes $60 Minn. Stat. §169.67 Building Demolition Violations $100/day City Code § 34-8 Bumpers, safeguards $60 Minn. Stat. §169.73 Certain lights permitted on old motor vehicles $60 Minn. Stat. §169.62 Chicken Keeping Violations $50 City Code § 31-514 (6) Clearance and marker lamps $60 Minn. Stat. §169.51 Composite beam $60 Minn. Stat. §169.61 Conducted on licensed premises/disorderly conduct, disorderly house, alcohol, etc. $50 Sec. 43-1 Minn. Stat. §609.72 Curfew $50 52-11 Disposal of Flammable Waste into Sewer System $100/day City Code § 29-8 Disposal of Liquid Waste into Sewer System $100/day City Code § 29-7 Distribution of light $60 Minn. Stat. §169.60 Disturbing the peace $150 Sec. 52-1 Electronic sound system/audio equipment $100 Sec. 38-3 Fail to stop at a stop sign/line $60 Minn. Stat. §169.30(b) Failure to obtain a license/registration (contractor, peddler, permit to consume (in parks), commercial fertilizer license, outdoor sales permit, vending permit) $25/day City Code 41-4(3); 48-4; 35- 25(1) d; 41-67 Failure to obtain a Liquor or Tobacco License $100/day City Code § 41-2 (3) Flares, flags, or reflectors required $60 Minn. Stat. §169.75 2019 Fee Schedule Page 15 of 17 Fine Stillwater City Code Garbage & Rubbish – Failure to abide Ordinance $25/day City Code § 30-1-5 Garbage & Rubbish – Improper Storage $25/day City Code § 30-1-5 Headlamps $60 Minn. Stat. §169.49 Horn, siren $60 Minn. Stat. §169.68 Identification lamps $60 Minn. Stat. §169.58 Lights for parked vehicles $60 Minn. Stat. §169.53 Lights on all vehicles $60 Minn. Stat. §169.55 Method of parking $50 Sec. 51-2 Motor vehicle noise limits $60 Minn. Stat. §169.693 Muffler $60 Minn. Stat. §169.69 Noise, noisy parties or gatherings $100 Sec. 38-2 Number of lamps $60 Minn. Stat. §169.63 Open burning or leaves $100 Sec. 23-1, subd. 10 Possession of alcohol in public $75 Sec. 52-15 Prohibited lights; exceptions $60 Minn. Stat. §169.64 Prohibition; operating automobile with unsafe tires $60 Minn. Stat. §169.724 Projecting load; light or flag $60 Minn. Stat. §169.52 Public nuisance defined $75 Sec. 38-1, subd. 2 Public nuisances affecting health $75 Sec. 38-1, subd. 2(1) Public nuisances affecting peace and safety $75 Sec. 38-1, subd. 2(2) Public parks: hours of operation, permitted activities $50 Sec. 48-5 Public parks: prohibited acts $50 Sec. 48-2 Public urination (Ordinance 1065 – 05/06/2014) $50 Sec. 52-18 Rear lamps $60 Minn. Stat. §169.50 Rearview mirror $60 Minn. Stat. §169.70 Recreational vehicles violation $50 Sec. 51-7 Roller skates; skateboards $50 Sec. 51-8 Safety glass $60 Minn. Stat. §169.74 Sign violations $75 Sec. 31-509 Slow-moving vehicle, sign required $60 Minn. Stat. §169.522 Snowmobiles $70 Sec. 51-6 Special & Conditional Use Permit Violations $250/day City Code § 31-207 Specifications for lighting and other devices $60 Minn. Stat. §169.65 Speeding (1—9 mph over limit) $60 Minn. Stat. §169.14 State Building Code Violations $100/day City Code § 33-1-4 Subdivision Ordinance Violations $100 City Code § 32-1 Swimming Pool Violations $100/day City Code § 33-2 Tire surface; metal studs $60 Minn. Stat. §169.72 Unreasonable acceleration /exhibition of speed $60 City Code § 51-3 (2) 2019 Fee Schedule Page 16 of 17 Fine Stillwater City Code Vehicle signals $60 Minn. Stat. §169.57 Warning lights $60 Minn. Stat. §169.59 Wheel flaps on truck and trailer $60 Minn. Stat. §169.733 Windshield $60 Minn. Stat. §169.71 Winter parking; snow emergencies $50 Sec. 51-5 Zoning Ordinance Violations $100/day City Code § 30-102 ALCOHOL VIOLATIONS (Chapter 43, Sec. 43-134) *Look back period for multiple offenses is no more than 5 years 1st Offense 2nd Offense 3rd Offense* 4th Offense After hours display or consumption of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation After hours sales of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Commission of a felony related to the licensed activity Revocation N/A N/A N/A Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Illegal gambling on premises 3 day Suspension 6 day Suspension 9 day Suspension Revocation Refusal to allow City Inspectors or Police admission to inspect premises 5 day Suspension 15 day Suspension Revocation N/A Sale of Alcoholic Beverages while license is under suspension Revocation N/A N/A N/A Sale/purchase of alcoholic beverages to/by underage person $500 $750 & 3 day Suspension $1,000 & 9 day Suspension Revocation Sales of alcoholic beverage to obviously intoxicated person $500 $750 & 3 day Suspension $1,000 & 9 day Suspension Revocation TOBACCO VIOLATIONS (Chapter 41, Sec. 41-2, Subd. 13(1)) *Same licensed premises within a 24 month period. 1st Offense 2nd Offense* 3rd Offense* Refusal to allow City Inspectors & Police admission to inspect premises $75 $200 $250 & Revocation Sale/purchase to/by underage person $75 $200 $250 & Revocation Unlawful Self Service Sale $75 $200 $250 & Revocation Unlawful Vending Machine $75 $200 $250 & Revocation All other tobacco violations $75 $200 $250 & Revocation 2019 Fee Schedule Page 17 of 17 Adopted by the Stillwater City Council this 16th 18th day of JanuaryDecember, 2018. David Junker, Temporary ViceTed Kozlowski Mayor ATTEST: Diane F. WardBeth Wolf, City Clerk RESOLUTION 2018‐274 RESOLUTION APPROVING THE STILLWATER LIGHTS AGREEMENT WHEREAS the City has encouraged Organizer to construct, operate, and maintain a light archway display (the “Event”) at a location within the City in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City; and WHEREAS the City is the owner of certain land in Stillwater, Minnesota, known as Lowell Park (collectively the “Premises"); and WHEREAS Organizer will construct, maintain and operate a arched light display and meet all state and local electric and life safety codes for the lighted archway; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the Stillwater Lights Agreement is hereby approved and the Mayor and City Clerk are authorized to sign the agreement on the City’s behalf. Adopted by the Stillwater City Council this 18th day of December 2018. ___________________ __________ Ted Kozlowski, Mayor Attest: _________________ ______________ Beth Wolf, City Clerk 2019 STILLWATER LIGHTS EVENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made this 18th day of December, 2018 by and between the CITY OF STILLWATER, Washington County, Minnesota (the “City”), and the GREATER STILLWATER CHAMBER OF COMMERCE, a Minnesota nonprofit corporation (the “Organizer”). WHEREAS, the Organizer wishes and the City will permit Greater Stillwater Chamber of Commerce to organize and conduct a light display in north Lowell Park (“Premises”), from December 2018 to March 2019 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1.TERM. Operation of the Event is limited as follows: Term: December 10, 2018 through March 31, 2019, unless an extension is granted in writing by the City Administrator. Event Opening: Hours of operation with light display on shall be 4:00 PM – 10:00 PM, Sunday through Saturday. Cleanup: April 1, 2019 – April 15, 2019. The lighted archway structure and any ancillary equipment and items shall be removed from Lowell Park by the event organizer no later than the date stated above, unless an extension is granted in writing by the city administrator. In the event of high water on the St. Croix River during the event term, the event organizer will work with City staff to relocate the lighted archway as may be necessary. 2.CITY EVENT FEES. The Stillwater Lights Event (“Event”) is anticipated to foster and promote tourism, encourage commerce and economic activity within the City. Therefore, the City is waiving the event fee, offering a contribution of the cost of electricity to support the Event and a one‐time match contribution of $15,000 from the City’s Special Event Fund towards the initial purchase of construction materials for the archway and lights. 3.SECURITY DEPOSIT. Upon execution of this Agreement, Organizer shall pay to the City a security deposit in the amount of $1,000. The City shall retain the security deposit and may apply the security deposit to any obligations of Organizer under this Agreement, including but not limited to damage to Premises or payments due herein. The City shall refund any unused portion of the security deposit to Organizer within sixty (60) days of the termination of this Agreement. 4.LOWELL PARK USE. Organizer shall use the Premises only for the placement of a lighted archway structure located in north Lowell Park between Mulberry Point and Myrtle Street as shown on the attached map. Organizer shall meet with City staff to determine final location of the lighted archway structure within Lowell Park. 5.ACCESSIBILITY. Organizer shall comply with all applicable federal, state and local accessibility requirements to ensure access to the Premises by all persons. 6.SUPERVISION. Organizer shall be responsible for providing any needed supervision of Organizer’s agents and visitors on the Premises. Organizer shall be responsible for ensuring that all agents and visitors, while using the Premises, follow any and all federal, state and local laws regulations, ordinances and policies. In addition, Organizer shall be responsible for the safety and behavior of all agents and visitors, including but not limited to safety, noise, and objectionable actions. 7.ALCOHOL. No alcohol shall be served during the event and no other Alcohol or Coolers are allowed on Premises. 8.SIGNS. Organizer may place signage on the Premises for advertising and directions. All signage must be in compliance with the City Code and ordinances and be approved in advance by the Community Development Department. 9.NOISE CONTROL. Organizer is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 10.POLICE POWER. The City reserves the right to order a shutdown of the Event in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Premises. 11.ALTERATION OR IMPROVEMENT; LIENS. All structures and equipment installed on the Premises shall be approved in advance by the City, and Organizer shall obtain any required permits or licenses, including building and electrical permits, necessary for such structures or equipment. Any alterations, additions and improvements which may be made or installed by Organizer, shall be removed from the Premises upon the earlier of termination of this Agreement, if the Agreement is terminated prior to the end of the Term, or the end of the Term. If Organizer fails to remove any alterations, additions, improvements, equipment or personal property upon termination of this Agreement, City may remove and dispose of such items in City’s sole discretion and use the Security Deposit to reimburse itself for all such costs. If the Security Deposit is not sufficient to pay such costs, City shall invoice Organizer for the costs in excess of the Security Deposit and Organizer shall pay such invoice within fifteen (15) days of receipt. Organizer covenants and agrees to keep the Premises and improvements situated thereon free and clear of any and all liens in any way arising out of the use thereof by Organizer and will defend and indemnify and save City harmless from any and all such liens which may arise by reason of alterations or improvements made by Organizer. If any mechanic’s lien is filed against any part of the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Organizer, such mechanic’s lien shall be discharged by Organizer within ten (10) days thereafter, at Organizer’s sole cost and expense, by the payment thereof or by making any deposit required by law. Failure of Organizer to have the lien discharged shall constitute a default under this Agreement. 12.TRAIL. The bicycle and pedestrian trail must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 13.LOWELL PARK. Organizer’s acknowledge and understand that the Premises are a park and as such, shall ensure that no vehicles drive on the Premises and no damage is done to the City’s real or personal property. In the event that damages occur to the Premises or the City’s real or personal property, the Organizer shall pay for any restoration of the Premises or real or personal property as determined by the City. 14.IRRIGATION SYSTEM IN PARK PROPERTY. Lowell Park is maintained by a buried irrigation system. Stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Organizer shall request the City to locate the irrigation system prior to event to minimize potential for damage to the irrigation system. 15.CITY SERVICES. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide barricades for street or parking lot closure (if any), and trash removal. The Organizer may contact the City to arrange rental of materials and may be charged for use according to the City of Stillwater Event permit fee schedule. a.Portable Toilets. The Organization must furnish at least two (2) portable restrooms, with hand sanitizing, to facilitate expected crowds, at least one of which shall be handicap accessible. Additional portable restrooms must be provided by the Organizer if deemed necessary to protect public health as determined by the Public Works Department. b.Trash Enclosures. The Organizer shall furnish dumpsters or roll‐off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. c.Electricity. Each electrical box needed for the Event will be opened by the City prior to event. The City shall provide payment of all electricity costs for the lighted archway display. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure electrical services comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. Organizer must meet all state and local electric and life safety codes for the lighted archway. d.Public Safety. The Organizer and the City shall meet and confer to mitigate public safety risks as determined by the Stillwater Police or Fire Departments that are due to traffic control, public safety or health hazards generated by the Event activities. e.Cleanup/Removal. i. Organizer shall remove the lighted archway, any materials and other ancillary items by April 15, 2019, unless otherwise an extension is granted in writing by the city administrator. ii. Organizer shall remove trash, additional trash enclosures each day of the event. iii. Organizer shall remove any portable toilets by 3:30 p.m. on Monday, April 1, 2019. 16.INDEMNIFICATION. Organizer shall assume all risks incident to or in connection with the uses of the Premises, and shall be solely responsible for all accidents or injuries of whatever nature or kind to persons or property caused by its operations on the Premises, and shall indemnify, defend and save harmless City, its officers, agents, employees, contractors and representatives, from any penalties for violation of any law, ordinance or regulation affecting its operations, and from any and all claims, suits, losses, damages or injuries to persons or property of whatsoever kind or nature arising directly or indirectly out of Organizer’s uses of the Premises, or resulting from the acts or omissions of Organizer, or any of its agents or employees. 17.INSURANCE. Organizer shall maintain in force during the entire Term of this Agreement the following insurance: a. General liability insurance for both personal injury and property damage as follows: i. Commercial General Liability in the amount of $1,500,000 on each occurrence ii. General Aggregate $2,000,000 b. A policy or policies insuring the Premises against loss by fire and other perils in the amount of the full insurable value thereof. c. Such insurance as will protect Organizer from claims under the Worker’s Compensation Acts and from claims for bodily injury, death, or property damage. All such insurance shall name the City as an additional insured. All such insurance shall be effective under a valid and enforceable policy or policies, with terms acceptable to City, issued by an insurer of recognized responsibility approved by City upon submission of the policy or policies to City prior to the effective date or any renewal date as the case may be. 18.APPLICATION FOR SPECIAL EVENT. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions included in the application are hereby included as part of this Agreement. 19.EVENT POLICY. The Organizer hereby agrees to follow the City’s Special Event Policy. 20.NOTICES. All notices required herein shall be in writing and delivered personally, or by certified mail return receipt to the address as shown below and, if mailed, are effective as of the date of mailing: Organizer: City of Stillwater: Greater Stillwater Chamber of Commerce City Administrator Attn: Robin Anthony, Executive Director 216 4 th Street N. 200 Chestnut St. E #204 Stillwater, MN 55082 Stillwater, MN 55082 21.AGREEMENT. This Agreement embodies the entire understanding of the parties with respect to the subject matter hereof and shall not be amended or modified except in writing signed by the parties. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Agreement or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. This is a Minnesota contract and shall be construed according to the laws of Minnesota. IN WITNESS WHEREOF, the parties have set their hands this 18th day of December 2018. GREATER STILLWATER CHAMBER OF COMMERCE By Signature Print Name Its Title STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2018, by ______________________________, it’s _____________________________________________ for the Greater Stillwater Chamber of Commerce. Notary Public CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2018, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public RESOLUTION 2018-275 APPROVAL OF THE LETTER OF UNDERSTANDING FOR IMPOUND HOUSING SERVICES FOR 2019 BE IT RESOLVED, by the City Council of Stillwater, MN that Letter of Understanding between Animal Humane Society and the City of Stillwater for Impound Housing Services for 2019, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 18th day of December, 2018. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Animal Humane Society and City of Stillwater, MN Letter of Understanding for Impound Housing Services 2019 1. Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal pennission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at. the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI if a live release, 7 days in WI if euthanized or until reclaimed by owner within this holding period. h. AHS will follow internal policy and best practice for unclaimed animals. The City of Stillwater may request and view AHS policies at any time. 2. AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community se:rvice officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. 1 Memo DATE: TO: FROM: RE: December 6, 2018 Mayor and City Council Sharon Harrison, Finance Director Sanitary Sewer Adjustments BACKGROUND: During the course of any given year sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties sanitary sewer billing rates are set during the 2 11 d quarter of every year using the water consumption (obtained from the Water Board) from the I st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before occasionally there are some properties that have experienced increased water usage during the 181 quarter of the year due to some unforeseen circumstances ( e.g. leaky toilet water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption) based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. Description of Circumstance 1 Water heater malfunction CITY OF STILLWATER EXHIBIT A Winter Average From To Gallons 72,000 21 ,000 Billing Quarter Adjustment for 4th RESOLUTION 2018‐176 DESIGNATION OF DEPOSITORIES FOR 2019 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following is hereby designated as an City depositories for the year 2019: Edward Jones Lake Elmo Bank MidWest One Minnesota 4‐M Investment Fund Oppenheimer Raymond James U.S. Bank Wells Fargo Advisors Wells Fargo Securities Adopted by the City Council this 17 day of December 2019. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk RESOLUTION 2018-277 APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING AMERICAN LEGION POST 491 WHEREAS, American Legion Post 491 of Bayport has submitted an application to the City of Stillwater requesting City approval of an application to conduct Off-Site Gambling for bingo at 103 3rd Street North, Stillwater, MN 55082; and WHEREAS, Minnesota Statutes 349.165 Subd. 5 Off-site permits states: (a) A licensed organization may conduct lawful gambling on a premises other than the organization's permitted premises if it has first submitted to the board an application and a lease on forms provided by the board, obtained authorization required under section 349.213, and received a permit from the board for each event up to 12 events in a calendar year, not to exceed three days per event. and WHEREAS, the dates for the off-site gambling will take place January 7, 2019; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approve of the application to conduct Off-Site Gambling from the American Legion Post 48 during the dates stated above. The City Clerk is directed to attach a copy of this resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 18th day of December, 2018. ________________________________ Ted Kozlowski, Mayor ATTEST: _____________________________ Beth Wolf, City Clerk RESOLUTION 2018‐278 APPROVING THE 2019‐2020 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LOCAL 49 INTERNATIONAL UNION OF OPERATING ENGINEERS BE IT RESOLVED, by the City Council of Stillwater, MN that the 2019‐2020 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers, as on file with the City Clerk, is hereby approved with the following changes: Contract Duration – 2 year agreement, January 1, 2019 through December 31, 2020; Wages – ○ General Wage Increase: 3.0% increase effective January 1, 2019; 3.0% increase effective January 1, 2020; ○ Employees assigned to the sewer department that have a current Class SB Wastewater Facility Operator License shall receive a $10 increase in the monthly payment; Health Insurance – Increase employer contribution by $15 per month per member effective March 1, 2019, and $15 per month per member effective March 1, 2020; Work Schedules – There will be a one-time payment of a pre-shift stipend equal to one hour of the employee’s regular rate of pay. Provision shall be effective through December 31, 2020 and extended only by mutual agreement; Sick Leave - ○Schedule of sick leave accrual adjusted to convert half pay weeks to full pay weeks and delete reference to half pay weeks; ○Employees hired on or after January 1, 2019 (full-time) will earn sick leave at the rate of 8 hours/month to a maximum of 960 hours. Benefit eligible part time employees hired on or after January 1, 2019 sick leave accrual and maximum will be calculated on a pro-rata basis. Union Security – Language referring to “fair share” deduction is deleted. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 18th day of December, 2018. ______________________________________ Ted Kozlowski, Mayor ATTEST: ______________________________________________ Beth Wolf, City Clerk TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: December 12, 2018 SUBJECT: Legal Publication Designation for 2019 DISCUSSION The City has received proposals from The Stillwater Gazette and St. Paul Pioneer Press to provide legal publication services to the City. The rates for 2019 have not changed from 2018 and are as follows: Gazette’s rates are $4.75 per column inch for the first insertion, ($3.95 per inch for subsequent insertions of the same legal notice) St. Paul Pioneer Press (Washington County section, Monday‐Saturday) $6.00 per print line for liner ads ($5.50 per inch for subsequent insertions of the same legal notice); The legal publications have been published in the Gazette for many years, and even though their frequency of legal publications have been reduced to Friday, the requirements for legal publications have been met. Occasionally there is a need to publish before the next deadline for the Gazette, so the Pioneer Press is an excellent resource for those situations. RECOMMENDATION Staff recommends that Council continue publishing in the Stillwater Gazette for its legal publications and also designate the St. Paul Pioneer Press as a secondary legal publication should the need arise. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution 2018‐279, Designating the Stillwater Gazette and St. Paul Pioneer Press as the City’s 2019 Legal publications, and approving their respective agreements. RESOLUTION 2018‐279 DESIGNATING THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS AS THE CITY’S 2019 LEGAL PUBLICATIONS AND APPROVING THEIR RESPECTIVE AGREEMENTS WHEREAS, the City is required to designate a legal newspaper every year; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1.The Stillwater Gazette is hereby designated as the City’s official publication for all legal notices; 2.The St. Paul Pioneer Press is hereby designated as the City’s secondary official publication for legal notices that are not able to be published in the Stillwater Gazette, should the need arise as determined by the City Clerk; and 3.That the contracts for the Stillwater Gazette and St. Paul Pioneer Press are is hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 18th day of December, 2018. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER ‐ CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2019 THIS AGREEMENT, made and entered into this 18th day of December 2018, by and between THE STILLWATER GAZETTE, hereinafter called the “Contractor”, and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the “City”. WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 4.The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 5.That for and during the calendar year ending December 31, 2019, the Contractor will publish all legal notices in The Stillwater Gazette. 6.The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 7.That all of the publications shall generally conform with established standards of quality previously provided the City. 8.In accordance with the Specifications for City of Stillwater publications for 2018 Legal Advertising on file with the Office of the City Clerk and using 7 point ‐ 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $4.75 per column inch Second, and each subsequent insertion: $3.95 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER GAZETTE In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor AGREEMENT FOR THE ST. PAUL PIONEER PRESS OFFICIAL SECONDARY NEWSPAPER ‐ CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2019 THIS AGREEMENT, made and entered into this 18th day of December 2018, by and between THE ST. PAUL PIONEER PRESS, hereinafter called the “Contractor”, and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the “City”. WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the St. Paul Pioneer Press is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2019, the Contractor will publish legal notices in the St. Paul Pioneer Press that are not able to be published in the Stillwater Gazette, as determined by the City Clerk. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2018 Legal Advertising on file with the Office of the City Clerk and using 7 point ‐ 8 leading Helvetica type and a standard advertising unit width, the cost for official City publications shall be as follows:  $6.00 per column inch for a one-time publication; ($5.50 per inch for subsequent insertions of the same legal notice); IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE PIONEER PRESS In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: December 13 1\ 2018 SUBJECT: East Metro Water Resource Education Program Contract Agreement Renewal DISCUSSION The East Metro Water Resource Education Program (EMWREP) is a partnership formed to develop a comprehensive water resource education and outreach program for the east metro area. Members of EMWREP consist of communities and other government agencies throughout Washington County. The goal of EMWREP is to reduce non-point source water pollution from storm water runoff and illicit discharges by educating citizens, municipal staff and officials, developers and businesses. The City's partnership with EMWREP fulfills the education and participation requirement for the Municipal Separate Storm Sewer System (MS4) permit. The proposed agreement begins January 1, 2019 and expires on December 31, 2021. The City annual cost for the three years will be $2700.00. This is a budgeted item through the Storm Water Utility Fund. RECOMMENDATION Staff recommends that the City Council pass a resolution authorizing the mayor and Clerk to execute the attached agreement.. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a Resolution 2018- ENTER INTO AGREEMENT BETWEEN WASHINGTON -- CONSERVATION DISTRICT AND MEMBERS OF THE 2019-2021 EAST METRO WATER RESOURCES EDUCATION PROGRAM (EMWREP) RESOLUTION TO ENTER INTO AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2019-2021 THE EAST METRO WATER RESOURCE-EDUCATION PROGRAM (EMWREP) WHEREAS, a contract agreement between the Washington Conservation District and the partners of the EMWREP has been received; and WHEREAS, the contract was presented to Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA, The Mayor and Clerk are hereby authorized and directed to enter into an agreement between the Washington Conservation District and members of the 2019-2021 EMWREP, in the name of the City of Stillwater, for the EMWREP to meet the education requirement of the Municipal Separate Storm Sewer System (MS4) permit Adopted by the City Council of the City of Stillwater this 18th day of December, 2018. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk A. PARTIES Contract Number: 19-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2019-2021 EAST METRO WATER RESOURCE EDUCATION PROGRAM This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to the East Metro Water Resource Education Program. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. B. PURPOSE WHEREAS, the PARTNER and the HOST have a common objective of educating the citizens of the Twin Cities east metro area about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WHEREAS, 8 watershed organizations in Washington County have education components in their respective watershed management plans; and WHEREAS, 25 communities, including multiple watersheds and the County, in Washington County are required to obtain a Municipal Separate Stonn Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MlNN. STAT.§§ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.33 l, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2019 to December 31, 2021 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. 2019-2021 Shared Water Resource Education Program Agreement Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Workplan developed as described in Exhibit A. PARTNER-specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared, multi-jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget, educational material expenses not otherwise paid for will not be incurred. PARTNER's annual contribution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER's governing body. In the case that overall contributions of funding from all of the PARTNERS exceeds the budget in Exhibit B by less than 20%, the excess contributions will be used to fund additional educational materials or support staff Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 20%, the PARTNERS have the option of having their proportional amount of the excess budget refunded or can direct the funds to be used for EMWREP activities. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure: County: $12,800/year Small Watershed Districts (Taxable Market Value< $1 Billion): $12,800/year Medium Watershed Districts (TMV $1-5 Billion): $19,300/year Large Watershed Districts (TMV >$5 Billion): $25,000/year Watershed Management Organizations: $6,300/year Large MS4 Cities: $2, 700/year (Population > 5,000) Small MS4 Cities: $700/year (Population < 5,000) In-kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $12,800 of in-kind match to the program per year. As shown in Exhibit B, PARTNER contributions will be reviewed and adjusted on an annual basis, as needed. H. PAYMENTS I. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined 2019-2021 Shared Water Resource Education Program Agreement contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERs. I. EQUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964 . J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will : 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. M. INDEMNITY No party to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision la. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys' fees) to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. N. INDEPENDENT CONTRACTOR 2019-2021 Shared Water Resource Education Program Agreement It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. 0. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration . P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph O above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER'S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement-year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary date. Pro-rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER's termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A , the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro-rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual right to use, sell , license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. 2019-2021 Shared Water Resource Education Program Agreement CONTRACT BETWEEN WASHING TON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Stillwater Annual Contribution Amount: $2,700 Contract start date: January 1, 2019 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED : PARTNER HOST BY : BY : ---------------Board Chair Date Title BY: BY : ---------------WCD Manager Date Title Approval as to form and execution: Date 2019-2021 Shared Water Resource Education Program Agreement EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire, employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein . 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection, Annual Workplan Development, and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/sand agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: I. Prepare, coordinate, and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in-field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for web-based East Metro Water Resource Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members 2019-2021 Shared Water Resource Education Program Agreement EXHIBITB BUDGET Shared Water Resource Education Program -Washington Conservation District Annual Budget Staff Su ort and Overhead Ex enses Materials Total $144,200 $10,000 $154,200.00 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS* * PARTNER contributions will be reviewed and adjusted on an annual basis, as needed and in accordance with the terms of the Agreement. Annual PARTNER Contribution SWWD $25,000 VBWD $19,300 BCWD $19,300 CLFLWD $19,300 CMSCWD $12,700 RWMWD $12,700 RCWD $3,000 Washington $12,800 County MSCWMO $6,300 Cottage Grove $2,700 Forest Lake $2,700 Lake Elmo $2,700 Hugo $2,700 Oakdale $2,700 Stillwater $2,700 Woodbury $2,700 Dellwood $700 Grant $700 Newport $700 Oak Park Heights $700 St. Paul Park $700 West Lakeland $700 Willernie $700 TOTAL $154,200.00 2019-2021 Shared Water Resource Education Program Agreement RESOLUTION 2018‐281 REAPPOINTING MEMBERS TO THE LIBRARY BOARD WHEREAS, the Library Board of Trustees recommend the reappointment of Gregg Carlsen, Mary Richie and Paula Hemer to the Stillwater Library Board. WHEREAS, the vacancies were published in the City’s legal publication; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, at their regularly scheduled meeting on December 18, 2018 approve the reappointment to the Library Board as follows: Term Expires: 12/31/2021 Term Expires: 12/31/2021 Gregg Carlsen Paula Hemer Mary Richie Term Expires: 12/31/2021 Adopted by the Stillwater City Council this 18th day of December, 2018. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk CITY COUNCIL MEETING DATE: December 12, 2018 CPC CASE NO.: 2018-14 REGARDING: Consideration of an Ordinance Amending Chapter 24 Regarding Streets, Alleys and Public Property and an Ordinance Amending Chapter 31 Regarding Zoning 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 is, because 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. State law specifically allows these uses within the rights of way, so regardless of whether or not cities adopt their own regulations, these types uses will be permitted. However, there are opportunities for cities to be more restrictive than state law in order to protect residential zones, as well as historic districts. Recently the FCC adopted regulations that slightly conflict with state law, so this ordinance actually incorporates the more restrictive federal requirements and language. Even if state law adjusts to the federal regulations, the city will not be out of compliance with either state or federal law. 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. 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 the Right-of-Way (ROW) in 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: CPC Case No. 2018-14 December 18, 2018 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 Small Wireless Facilities in the Rights- of-Way P P P P P P P P P P ADDITIONAL INFORMATION Members of commissions and the City Council were specifically concerned with the location and design of these types of installations. Therefore, in addition to the permitting requirements, costs for leasing, and state and federal requirements, 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. CPC Case No. 2018-14 December 18, 2018  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.  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. CPC Case No. 2018-14 December 18, 2018 ALTERNATIVES Regarding the Ordinances, the City Council has the following options available to them: 1. Approve the ordinance amendment as presented 2. Modify the ordinance with specific direction 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. Planning Commission On December 12, 2018 the Planning Commission held a public hearing regarding the Zoning Text Amendment. Planning Commission forwarded a favorable recommendation of approval to the City Council. Staff Staff would recommend the City Council move to approve the first reading of Zoning Text Amendment to City Code Section 31-315 and 31-325 and City Code Chapter 24 Regarding Streets, Alleys and Public Property to provide for regulations of small wireless facilities in the rights of way. ATTACHMENTS Draft Ordinance Amending Chapter 24 Draft Ordinance Amending Chapter 31-315 and 31-325 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 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 City of Stillwater RECOMMENDED 2019 BUDGET Property Tax Levy 2019 Recommended vs 2018 Actual Retirees Health Insurance Savings -$112,000 1.2% over prior year 10 participants CITY-WIDE LEVY 2018 Actual 2019 Proposed 2019 Recommended $ Increase/ Decrease Over Prior Year % Increase/ Decrease Over Prior Year General Operating Tax Levy $9,379,459 $10,026,425 $9,914,425 $534,966 5.704% Debt Service Tax Levy $3,437,356 $3,773,801 $3,773,801 $336,445 9.788% Totals $12,816,815 $13,800,226 $13,688,226 $871,411 6.799% Property Tax Rate 2019 Recommended vs 2018 Actual Item Actual Pay 2018 Recommended Payable 2019 % Change Property Tax Levy $12,816,815 $13,688,226 6.8% Fiscal Disparity Portion of Levy -$1,369,408 $1,358,127 -0.8% City’s Portion of Levy =$11,447,407 $12,330,099 7.7% City’s Taxable Tax Capacity ÷ 21,428,697 23,041,694 7.5% City Tax Rate =53.421%53.512%0.2% The following assumptions are based on data (which are estimates at this time) provided by Washington County: Assumptions 7.5% increase in the City’s Taxable Tax Capacity. 0.8% decrease in the Fiscal Disparity Portion of Levy. Proposed Payable 2019 City Tax Rate –53.998% % Change –1.1% Tax Impact 2019 Recommended vs 2018 Actual Actual Payable 2018 Recommended Payable 2019 From 2018 to 2019 Market Value Tax Capacity Actual City Tax Rate City Property Tax Taxable Market Value Tax Capacity Proposed City Tax Rate City Property Tax $ Change % Change 256,400*2,422 53.421%$1,293.86 272,300 2,596 53.512%$1,389.17 $95.31 7.4% 94,200 654 53.421%$349.37 100,000 718 53.512%$384.22 $34.85 10.0% 141,200 1,167 53.421%$623.42 150,000 1,263 53.512%$675.86 $52.44 8.4% 235,400 2,193 53.421%$1,171.52 250,000 2,353 53.512%$1,259.14 $87.62 7.5% 376,600 3,733 53.421%$1,994.21 400,000 3,988 53.512%$2,134.06 $139.85 7.0% Information is based on Residential Homestead Properties Data based on information provided by Washington County Tax Impact 2019 Proposed vs 2019 Recommended Proposed Payable 2019 Recommended Payable 2019 Proposed vs Recommended Taxable Market Value Tax Capacity Proposed City Tax Rate City Property Tax Taxable Market Value Tax Capacity Proposed City Tax Rate City Property Tax $ Change % Change 272,300 2,596 53.998%$1,401.79 272,300 2,596 53.512%$1,389.17 -$12.62 -0.9% 100,000 718 53.998%$387.71 100,000 718 53.512%$384.22 -$3.49 -0.9% 150,000 1,263 53.998%$681.99 150,000 1,263 53.512%$675.86 -$6.13 -0.9% 250,000 2,353 53.998%$1,270.57 250,000 2,353 53.512%$1,259.14 -$11.43 -0.9% 400,000 3,988 53.998%$2,153.44 400,000 3,988 53.512%$2,134.06 -$19.38 -0.9% Information is based on Residential Homestead Properties Data based on information provided by Washington County Consulting Fees Operating Budget Department Purpose Requested Proposed Reduced to*Recommended Mayor/Council Lobbyist $25,000 $25,000 $0 $25,000 Administration PW Organizational Review $40,000 $40,000 $30,000 $40,000 Community Development Aiple Property Plan $35,000 $17,500 $17,500 $17,500 Community Development Bergstein Property Plan $15,000 $15,000 $15,000 $15,000 Community Development Entrance Monument Design $15,000 $15,000 $15,000 $15,000 Community Development Comp Plan Ordinance Amendments $25,000 $10,000 $10,000 $10,000 Community Development HPC Matching Funds $5,000 $5,000 $5,000 $5,000 Engineering ADA Study $45,000 $45,000 $0 $45,000 TOTALS $205,000 $172,500 $92,500 $172,500 * Possible funding source if SAFER grant was accepted QUESTIONS ??? CITY OF STILLWATER ADOPTING THE FINAL BUDGET AND THE COMMITMENT OF CERTAIN REVENUE SOURCES FOR THE FISCAL YEAR 2019 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget appropriations for the fiscal year 2019 are for the following funds as follows: Fund Fund Name Amount 100 General Fund $ 13,379,043 200 Special Events Fund 72,680 202 St Croix Valley Recreation Center Fund 1,693,810 230 Library Fund 1,495,342 240 Parks Fund 1,617,923 251 Community Beautification Fund 15,000 255 Washington County Recycling Fund 35,170 285 Lodging Tax 236 ,197 $ 18,545,165 BE IT FURTH ER RESOLVED, the following general property tax revenues for the fiscal year 2019 are committed to the following funds: Fund Fund Name Amount 100 General Fund $ 7,581,032 200 Special Events Fund 48,000 230 Library Fund 1,288,770 240 Parks Fund 981,623 251 Community Beautification Fund 15 ,000 $ 9,914,425 BE IT FURTHER RESOLVED, revenues in the form of user fees generated for the fiscal year 2019 by the St Croix Recreation Center are hereby committed to the St Croix Valley Recreation Center Fund for general operations and a portion of debt service. Adopted by the Council this 18th day of December, 2018. Ted Kozlowski, Mayor ATTEST : Beth Wolf, City Clerk ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2019 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $13,688,226 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2019. FURTHER BE IT RESOLVED, that the sum of $41,500 is hearby levied against all taxable properties within the WMO (Waste Management Organization) parcel-specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2019. The Levy consists of the following : CITY-WIDE LEVY GENERAL TAX LEVY: DEBT SERVICE TAX LEVY: Fund 312 324 326 327 329 328 Required Levy for 2019 G.O. Capital Outlay 2012A G.O. Capital Outlay 2014 (Armory) G.O. Capital Outlay 2016A G.O. Capital Outlay 2017A G.O. Capital Outlay 20090 G.O . Capital Outlay 2018A Subtotal New Debt G.O. Capital Outlay 2019 Total Debt Service Tax Levy TOTAL TAX LEVY PARCEL-SPECIFIC LEVY WMO levy CANCEL LEVY 389 G.O. Sport Facility Revenue 2009C Adopted by the Council this 18th day of December, 2018 . $ 9,914,425 Amount 542,380 85,000 823,830 404,006 326,668 481 ,864 $ 3,373,801 400 ,000 $ 3,773,801 $ 13,688,226 $41,500 Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM To: City of Stillwater City Council From: Community Service Officer Britny Schmitz Re 421 Hanson PI Nuisance Enforcement Summary: The Ramages own 421 Hanson PI. The Ramages have a history of neglecting their property, accumulating vehicle parts, scrap metal, tires, broken equipment trailers, and broken down vehicles etc. The Ramages were enforced by the City in mid -August 2018 to clean up the property. The Ramages satisfactorily cleaned up the property early - September 2018. Throughout the enforcement process, the Police Department was made aware of an ongoing neighbor dispute between the Ramages and thEMI Many allegations were made harassment and misconduct between the parties. The only verifiable actions of the dispute were in the form of a message (photo attached) painted on 421 Hanson PI by Travis Ramage. It was determined the message was not criminal and no charges were filed. A second complaint was filed as to the condition of 421 Hanson PI on 11/29/2018. Community Service Officer (CSO) Schmitz observed the property from --to have two unlicensed vehicles parked in the backyard, a bed of a truck with tires was set behind the vehicles, miscellaneous construction materials, ladders, wood planks, and other miscellaneous items were scattered throughout the yard, and a foam pile and makeshift fence material remained from the original enforcement. A citation and letter to fix the violations by 12/5/2018 were mailed to the Ramages on 11/30/2018. Timeline of Events: 18009390 8/15/2018 Complaint from received by Chief Gannaway addressing the state of 421 Hanson PI and forwarded to CSOs to follow up. CSO Pasket and CSO Schmitz responded to 421 Hanson PI. Multiple violations were observed. Ten days were given to homeowners, Ramages, to fix. 8/24/2018 Second complaint from - received stating officers did not address all items in the original letter. CSO Pasket and CSO Schmitz responded to 421 Hanson PI. Yard was in worse condition than the original contact. Stern conversations were had with the Ramages explaining abatement proceedings. This was day 9, no abatement started. 8/27/2018. CSO Schmitz responded to 421 Hanson PI. All vehicles operable and licensed. Yard is significantly cleaned up. Multiple trailer loads removed completely. No abatement started. Further follow up arranged with Ramages to clean up the final refuse lining the property and leaning on the neighbor's (-- fence. Given until 9/5/2018 to remove any/all vehicle parts left in the yard, remove makeshift fence leaning on neighbor's chain -link fence, and refuse left on property line. Email received from demanding next actions. CSO Schmitz responds to 8/28/2018. Email received from remove refuse. stating no progress has been made and updating with findings during inspection. reporting Ramages are using his property to 8/29/2018. Letter sent to Ramages confirming 9/5/2018 deadline and requirements 8/30/2018. The Message (photo attached) painted on 421 Hanson PI residence. 8/31/2018. Information sent to prosecuting attorneys to review for possible charges against Ramage for message painted on 421 Hanons PI residence. CSO Schmitz received a second complaint via email sent to Washington County Dispatch addressing the message on 421 Hanson PI. CSO Schmitz responded to 421 Hanson PI, but was unable to make contact with Ramages. Message on the residence was covered with white paint. 9/5/2018 CSO Schmitz responded to 421 Hanon PI for final inspection. All vehicles were intact, operable (many moved from last visit), and licensed. Back yard clear of refuse and well cared for. Several bin of acorns near the house from yard clean up. Under the deck was cleared of all stored items. Two boats were neatly parked in the back yard. Large amount of metal and miscellaneous items removed from behind the garage. Makeshift fence stacked behind the garage — Ramages intended to get a permit to build a proper fence with the same material. All vehicle parts/tires removed. All refuse/rubbish removed from south side of residence. Message on the residence remained covered. Foam insulation was stacked under tarps on the eastside of the property — Ramages intended to build a fish house with this material. A pile of firewood stacked near the foam. CSO Schmitz recognized the extensive amount of work completed by the Ramages the past three weeks. Fence material, foam insulation, and small yard clean up items were not a concern at this time. Ramages had a plan for the items left to be used or cleaned up in some way in the near future. Complaint closed. 18014256 11/29/2018: Email received from Polehna informing 421 Hanson PI was in violation of nuisance ordinance again. 11/30/2018: CSO Schmitz responded to 421 Hanson PI and observed multiple vehicles in the yard and six mannequins dressed oddly along the front of the residence. CSO Schmitz met with the complainant, , to discuss ongoing neighbor dispute and current conditions at 421 Hanson PI. CSO Schmitz was able to look out the back door of and observed three vehicles —two without license plates —parked in the backyard, the two boats remained in place, a bed of a truck with tires was set behind the three vehicles, miscellaneous construction materials, ladders, wood planks, and other miscellaneous items were scattered throughout the yard, and the foam pile and makeshift fence remained in place. CSO Schmitz issued Travis Ramage a citation for violation of public nuisance which was mailed to him with a letter giving the Ramages until 12/5/2018 to fix the violations or the City would abate. 12/3/2018 CSO Schmitz spoke with Shauna Ramage by phone and explained all items required to be removed according to ordinance. CSO Schmitz informed Shauna no extensions were possible for this second violation. 12/4/2018. The Ramages file for appeal with the City Clerk. Photos: 421 Hanson PI 9/5/2018: 421 Hanson PI 11/30/2018 The Message: tit 1water Administration HAND DELIVERED BY POLICE DEPARTMENT NOTICE OF NUISANCE ABATEMENT HEARING To: Travis and Shauna Ramage 421 Hanson Place Stillwater, MN 55082 NOTICE IS HEREBY GIVEN that on the 18th day of December 2018, at 7:00 p.m in the Council Chambers located in City Hall, 216 Fourth Street North, Stillwater, Minnesota, the City Council of the City of Stillwater will conduct a hearing to determine whether abatement action should be taken by the City for failure of the owner of the property to take remedial action set forth in the Notice dated November 30, 2018, a copy of which is attached to this notice. The real estate invoved is at 421 Hanson Place, Stillwater, Minnesota 55082. If the Council upholds the abatement order and the nuisance is abated by the City, the property owner shall be responsible for the costs of the action and the expenses incurred by the City and if unpaid, the costs and expenses will be assessed against the property as a service charge and certified to the County Auditor for collection with the real estate taxes. This notice is given pursuant to § 38-1 of the Stillwater City Code. The grounds for this proposed action is that there exists a nuisance that is considered a hazard to the public. All persons desiring to be heard at this hearing should attend. Dated this loth day of December 2018. -Z&W Beth Wolf City Clerk 216 4`" Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us JOHN GANNAWAY CHIEF OF POLICE THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT Travis & Shauna Ramge 421 Hanson P1 Stillwater, MN 55082 ICR #18014256 NATHAN MEREDITH CAPTAIN November 30, 2018 Travis & Shauna: According to Washington County property records, you are the property owner of: 421 Hanson Pl. Stillwater, MN 55082. This property is in violation of City ordinances and may be considered a nuisance property. Violations include but are not limited to the following: "38-1 Subd 2 (2) ... A nuisance includes: a. Refuse, noxious substances or hazardous wastes lying, pooled, accumulated, piled, deposited, buried or discharged upon, in or flowing from any property, structure or vehicle ii. The depositing of any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catchbasin, conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. mm. The storing of objects, such as motor vehicles or parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials in areas susceptible to runoff or discharge to a stormwater system." "40-1 Subd 1 ... Abandoned motor vehicle means a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2 and which has remained for more than 48 hours: (4) Without license plates" In particular, this is referencing two without license plates), two boats, a bed of a truck with several tires in it, construction materials, decorative trees, ladders, wood planks, and other misc. items stored on the deck, under the deck, behind the garage, along the fence and north side of the house and in the back yard. Please correct this violation by 12:00 p.m. December 5, 2018. Page 1 of 2 JOHN GANNAWAY CHIEF OF POLICE THE BIRTHPLACE OF MINNESOTA NATHAN MEREDITH CAPTAIN POLICE DEPARTMENT Please contact me at the number listed below with any questions or concerns you might have. Sincerely, Officer Schmitz #242 Community Service Officer Stillwater Police Department bschmitz@ci.stillwater.mn.us 1651-351-4934 This order may be appealed and a hearing made before the City Council obtained by filing a written request with the City Clerk within seven (7) days of this letter. If the violations described in this letter are not corrected nor a request for a public hearing filed by the specified deadline(s), the City will abate any nuisances and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as property taxes. November 30, 2018 216 North 4th Street • Stillwater, Minnesota 55082 Business Phone: (651) 351-4900 • Fax: (651) 351-4940 Police Response/Assistance: 911 www.ci.stillwater.mn.us Page 2 of 2 d),J 61c-7 R i7: ', c i7/ aRb'jv (E T j/rj ??Atv-4 (.0&•:b (y&- 7e7 6101 �r f/ia/fir //s;4/- -7-1/2 cm/ - hi- Ca./9 or 710- aS;Spoze___ RECEIVED DEC 0 4 2018 BY:...)14h City of Stillwater RESOLUTION APPROVING STILLWATER APPLICATION FOR FEDERAL HAZARD MITIGATION GRANT THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR RETROFITTING OF STILLWATER FIRE AND POLICE STATIONS WITH IMPACT RESISTANT WINDOW FILM WHEREAS, the Washington County Board adopted the Washington County All‐ Hazard Mitigation Plan that includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trend and includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Stillwater City Council adopted the Washington County All‐Hazard Mitigation Plan by resolution at its regular meeting of October 16, 2018; and WHEREAS, by adoption of the Washington County All‐Hazard Mitigation Plan, the County and the City of Stillwater are eligible to apply for and receive FEMA hazard mitigation assistance grants; and WHEREAS, the City of Stillwater proposed Federal Hazard Mitigation Grant project is to retrofit the fire and police stations with impact resistant window film to better secure the facilities at a total estimated cost of $46,755; and WHEREAS, the Federal Hazard Mitigation Grant is a cost share program with 75% federal and 25% local share and the estimated federal share of the project is $35,066.25 and the estimated local City share is $11,688.75 (City share amount included in the 2019 Capital Outlay budget). NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Stillwater application for Federal Hazard Mitigation Grant through the Federal Emergency Management Agency (FEMA) for retrofitting of Stillwater fire and police stations with impact resistant window film to better secure the facilities; and BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater also authorizes the City to accept and administer the Federal Hazard Mitigation Grant if awarded and authorizes the Mayor of the City of Stillwater to sign all necessary documents for the Federal Hazard Mitigation Grant on behalf of the City of Stillwater. Enacted by the City Council of the City of Stillwater, Minnesota this 18th day of December 2018. CITY OF STILLWATER _________________________________________ Ted Kozlowski, Mayor ATTEST: _________________________________________ Beth Wolf, City Clerk To be eligible for HMGP funding, specific criteria must be met: 1. The applicant must have a FEMA approved all hazard mitigation plan. The proposed mitigation measure must be in conformance with the goals and objectives of the local hazard mitigation plan as well as the State Hazard Mitigation Plan. a. Communities without a current FEMA approved plan may apply for HMGP funds to update their plan. Plans must be completed, adopted and approved by FEMA within one year of the declaration prior to receiving HMGP funds. 2. The community must participate and be in good standing in the National Flood Insurance Program if a special flood hazard area has been identified by FEMA. 3. The proposed project must be cost-effective and show that the benefits of the project will outweigh the cost. It must pass the Benefit Cost Analysis. 4. The project must undergo environmental review and will require environmental documentation prior to funding. NO Is received after November 30, 2019 will be considered for future funding, as it becomes available. Applications not funded through this declaration may be considered under future disasters, Pre- Disaster Mitigation (PDM) or Flood Mitigation Assistance (FMA) programs. Resources: http ://www.fema.gov/hazard-mitigation-grant-program https ://dps.mn.gov/divis ions/hsern/hazard -mitigation/Pages/default .a ·px Contacts: Jennifer Nelson, State Hazard Mitigation Officer at (651) 201-7427 Jim McCJosky . I azard Mitigation Planner at (651) 201-7455 WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 18, 2018 The following items are presented for Board approval/adoption : DEPARTMENT/AGENCY Administration Community Corrections Community Services Human Resource s ITEM A. Approve the December 4 , 2018, County Board meeting minutes. B. Approve contracts for legal representation in child in need of protection or services (CHIPS), termination of parental rights (TPR) and permanency cases with Greg Schmidt, Dorothy Gause, Megan Hunt, John Chitwood, and Amy Senn for the period of January I, 2019 through December 31, 2021. C. Approve county comment letter on the draft St. Paul Park Comprehensive Plan. D. Approve the interim update to the 2018-2019 Community Corrections Comprehensive Plan. E. Approve an agreement with Satellite Tracking of People LLC (STOP) for the amount up to $200,000 for the period of December 18, 2018 through December 31, 2019 . F. Approve the 2019-2020 Joint Powers Agreement with Ramsey County for detoxification services at the Ramsey County Detoxification Center. G. Approve a contract with Next Chapter Technology in the amount of $1,187,218 for the period of January I , 2019 through December 31 , 2023 . H . Approve a contract with Rise to provide day training and rehabilitation services for persons with disabilities for the period of January 1, 2019 through December 31 , 2021 . I. Approve the partnership agreement between Washington County and the Washington County Workforce Deve lopment Board for th e period of December 1, 2018 through December 31, 2040. J. Approve the tentative ag reement for 2 019-2020 collective bargaining agreements with both the Exempt and Non-Exempt bargaining units represented by the American Fede ration of State, County and Municipal E mplo yees (AFSCME ), C ouncil No. 5. K. Approve the t entativ e agreement for 2 019-202 0 collective ba rga ining agreement w ith the Law Enfo rcement Labor Serv ices (LELS) Deputy Sheriff bargaining unit. L. Approve the tentative agreeme nt for 2019-2 02 0 collecti ve bargainin g agreem ent with the International Union of Ope rating Eng in eers (IO E) Local 49. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language bam·er. please call (651) 430-6000 EQ UA L EM PLO YMENT OPPORTUNITY/ AFFIRMA TIVE ACTIO N EM PLOYER (December 18, 2018 Consent Calendar continued) Property Records and Taxpayer Services Public Health and Environment Public Works Sheriff's Office M. Approve the tentative agreement for 2019-2020 with the Washington County Attorneys Association. N. Approve the compensation and benefits for 2019 and 2020 for the Department Heads and Department Deputy Directors. 0. Approve the compensation and benefits for 2019 and 2020 for the Confidential Employees and the Confidential Supervisors. P. Approve the tentative agreement for 2019-2020 collective bargaining agreement with Teamsters Local 320 -Probation Officers bargaining unit. Q. Approve the tentative agreement for 2019-2020 collective bargaining agreement with the Law Enforcement Labor Services (LELS) Local 372 Commander bargaining unit. R. Approve the plat of Autumn Run 3rd Addition. S. Approve an agreement with the Washington Conservation District to fund general operations and services to county departments and county residents. T. Resolution-Accept the 2019 allocation and continue implementation of the state's Aquatic Invasive Species (AIS) prevention aid program. U. Resolution -Authorize Detour Agreement No. 1032915 with the State of Minnesota, Department of Transportation (MnDOT) for Trunk Highway 95. V. Resolution-Application to the Huelsmann Foundation to support repair and restoration of the Historic Courthouse, totaling $81,875 over a two-year period. W. Resolution -Application to MnDOT for funding under the 2018 Safe Route to Schools Infrastructure Program, for the roundabout included in the CSAH 18 (Bailey Road) Safety and Pavement Improvement project. X. Approval of transfer without consideration of the surplus Distributed Antenna System (DAS) manufactured by Andrew to Hennepin County, for use in Hennepin County's DAS systems. Y. Approval of a two-year service agreement between Motorola Solutions, Inc. and the Washington County Sheriffs Office for the repair and maintenance of the 800 MHz Radio System. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Anistive listening devices are available for use In the County Board Room If you need assistance due lo disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMNilSSIONERS CONSENT CALENDAR * DECEMBER 11, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AG ENCY Administration Attorney's Office Community Services Property Records and Taxpayer Services Public Works Sheriff's Office ITEM A. Approve the November 27 , 2018, County Board meeting minutes. B. Resolution -Approve the 2018 HOME Program Subrecipient Agreement between Dakota County Community Development Agency and Washington County. C . Approve county comment letter on the draft Stillwater Comprehensive Plan . D. Approve joint powers agreement and amendment between the State of Minnesota, Department of Corrections, Office of Policy and Legal Services and Washington County by and through the Washington County Attorney's Office for the period of July 1, 2018 through June 30 , 2019. E. Approve Adult Mental Health Initiative (AMHI) Grant Agreement for $2,162,826. F. Approve Contract 12197 for the purchase of Hyland OnBase image storage system in the amount of $284 ,004 . G. Approve Maintenance Agreement 11884 between the City of Cottage Grove and Washington County for County Road (CR) 20 (Jamaica Avenue) between County State Aid Highway (CSAH) 20 (Military Road) and CSAH 22 (701h Street). H. Approve Amendment No. 5 to Contract 8487 with CBM Managed Services for food services by extending the term for one year, from November 1, 2018 through October 31, 2019, and increasing the cost per meal. I. Approve a grant agreement between the Minnesota Department of Public Safety and Washington County for the period of January 1, 2019 through December 31 , 2019, for Violent Crime Enforcement Teams. *Consent Calendar items are generally defined as items of routine bus iness, not requ iring discussion, and approved in one vote. Commissioners may e lect to pull a Consent Calendar item(s) fo r discussion and/or separate action. Asslstive listening d&vices are available for use in the County Board Room If you need assistance due to disability or lsnguage ba"ier, please caff (651) 430-6000 EQUAL EMPLOYMENT OPPORTUN ITY/ AFF IRMATIVE ACTION EMPLOYER