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HomeMy WebLinkAbout2019-01-08 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING JANUARY 8, 2019 (No 4:30 meeting) REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. SWEARING IN CEREMONY FOR MAYOR TED KOZLOWSKI AND COUNCILMEMBERS RYAN COLLINS AND MIKE POLEHNA III. ROLL CALL IV. PLEDGE OF ALLEGIANCE V. APPROVAL OF MINUTES 1. Possible approval of the December 18, 2018 regular meeting minutes. VI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Adoption and presentation of Resolution 2019-001, commending Doug Menikheim for his 8 years of service as Ward 1 Councilmember (Resolution-Roll Call) VII. 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. 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. VIII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator IX. 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. 1. Resolution 2019‐002, directing payment of bills 2. Resolution 2019‐003, approving roll‐off hauler licenses 3. Resolution 2019‐004, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute 4. Resolution 2019‐005, approving license to use real property – Hazardous Waste Day Collection & Electronics at Lily Lake – May 18, 2019 5. Resolution 2019‐006, approval of 2019 agreement for employee assistance services through Sand Creek Group, LTD 6. Resolution 2019‐007, approving abatement of special assessment 7. Resolution 2019‐008, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants 8. Possible approval of the second reading of Ordinance 1120 and 1121, 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 (2nd reading) 9. Resolution 2019‐009, approving statewide health improvement program grant funds 10. Possible approval to purchase portable radios for Police Department. 11. Resolution 2019‐010, approving additional license premises amendment to Brian’s liquor license. 12. Possible approval of LMCIT Liability Coverage – Waiver Form X. PUBLIC HEARINGS ‐ Out of respect for others in attendance, please limit your comments to 10 minutes or less. 13. CPC Case No. 2018‐66. This is the date and time for a public hearing to consider a request for the vacation of a portion of the South Hill Outlet Sewer easement located on properties legally described as Lots 8, 9 and 10 Churchill, Nelson and Slaughter’s Addition to Stillwater, located at 808 6th Avenue South. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 21, 2018. XI. UNFINISHED BUSINESS 14. Planning Division Work Plan for 2019-2022 XII. NEW BUSINESS 15. Designation of Vice Mayor (Resolution – Roll Call) 16. Council Representative Appointments to Boards and Commissions (Resolution – Roll Call) XIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) XIV. COMMUNICATIONS/REQUESTS XV. COUNCIL REQUEST ITEMS XVI. STAFF REPORTS (continued) XVII. ADJOURNMENT SHARE .Litk OTHERS oP [n HOUSE Honoring little Free Libraries, plessing Poxes and Little Free Pantries Saturday, January 19 10 a.m. - 2 p.m. 233 Second Street, Stillwater, MN on the corner of Olive and Second* Stop by for some chili and a chat! We are opening the doors at our Share With Others studio in downtown Stillwater. We are a new organization that supports Little Free Libraries, Blessing Boxes and Little Free Pantries. Our goal is to create the Todd H. Bol Family Foundation for front yard sharing. Light refreshments,classic and vegetarian chili will be provided,along with a few members of the Bol Family. 'N Ttia.44. 'lam- 7- .�3� Warm{ I Principle, Share With Others Please visit us at sharewithothers.net and share a Little Library comment,question or suggestion. *The Share With Others entrance is on Olive,just through the wooden gates.Look for the signs.Our location was formerly occupied by the Camrose Hill floral shop. RESOLUTION 2019-002 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 $592,346.46 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 8th day of January, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT "A" TO RESOLUTION #2019-002 LIST OF BILLS Abbott Paint Able Hose & Rubber Inc. Ace Hardware Advance Auto Parts APWA Aramark Aspen Mills Bay West LLC BHE Community Solar Board of Water Commissioner Barnt Rich Bremer Bank Bureau of Crim . Apprehension CDW Government Inc . Century Link Century Power Equipment Cintas Corporation Cole Papers Comcast Community Thread Computer Integration Technologies Coverall of the Twin Cities Cummins Sales & Service Daleo Dell Marketing L.P. ECM Publishers Environmental Systems Research Fastenal Company Foxit Software Inc Frontier Ag & Turf Frontier Precision Inc. Fuhr Trenching Galls LLC Gopher State One Call Inc . Granicus Inc Greiner Michael Hassis Paintworks Heritage Printing Inc. Holiday Companies Hotsy Equipment of Minnesota Integrity Land Development Inc International Code Council Jahnke Brian Jefferson Fire and Safety Inc. John & Melissa Uppgren Painting supplies Tools Supplies Equipment repair supplies Membership Uniforms Uniforms Carfentanil removal 1232 Driving Park Rd Solar Garden WAC Charges & Assessment Prine & Int Reimburse for mileage Records research Terminal access charge Computer equipment and supplies Telephone Equipment repair supplies Mat & uniform cleaning service Supplies Internet & Voice Contribution Professional services Commercial cleaning services Equipment repair supplies Janitorial supplies Finance Dir computer replacement Publications ArcGIS Equipment repair supplies Phantom PDF Equipment repair supplies Annual Trimble Software Maint. Pioneer Park Restroom Boots -Julien Locates Equipment Reimburse for mileage Fire boat repair Business cards Vehicle washes Building repair Neal Ave Rd & right of way construction Training Reimburse for work boots Turn Out Gear Refund of 1st qtr 2019 parking permits Page 1 555.45 982 .80 164.83 63.00 245 .00 111.93 1,031.75 1,772.37 2,258.44 35,459.31 61.60 10.00 270 .00 5,279.71 134.75 154.07 425 .92 134.90 322.55 4,000.00 25.50 540.00 21.55 88 .55 1,096.99 237.50 2,200 .00 171.64 1,295.64 96 .27 671.40 9,800.00 381.58 2.70 6,945.82 39 .24 7,428 .00 336.30 320 .00 351.50 68,577.49 870.00 160.00 13,684.86 600.00 EXHIBIT "A" TO RESOLUTION #2019-002 Kirvida Fire Inc. Kuehn Michael Leadership Growth Groups LLC League of MN Cities League of MN Cities Ins Tr Levander Gillen & Miller MailFinance Inc Mansfield Oil Company MBPTA Menards Metro Area Mgmt Association Metropolitan Council Mid-States Organized Crime Midway Ford MN Dept of Agriculture MN Dept of Labor and Industry MN Dept of Transportation MN State Fire Chiefs Assn MP Nexlevel LLC MSCIC Municode MWOA Metro National Fire Protection Association Office Depot O'Reilly Auto Parts Performance Plus LLC Polehna Michael Pro-Tee Design Pullen Annette Marie Quill Corporation River Valley Printing Inc. Science Museum of Minnesota Simplifile LC St. Croix Boat and Packet Co. T.A. Schifsky and Sons Taylor Co TKDA T-Mobile USA Tri-State Bobcat Tri-State Pump and Controls Inc. Turnblad Bill Valley Trophy Inc. VariTech Force America Verizon Wireless VSAlnc Walmart Community Wash. Cty Historical Society Fire pumper repair Reimburse for work boots Metro Area Leadership Growth Group Leadership conference Workers Comp Insurance Professional services Folding Machine Lease Fuel Membership Supplies Membership Monthly SAC Membership 2019 Ford F550 Pesticide applicator license Quarterly Surcharge 2018 Street Imp Membership Locating Training -Belisle Ordinance pages Section meeting Subscription Office supplies Shop supplies Medical evals Reimburse for meal for city Xmas tree crew Alarm monitoring Professional services Office supplies Business cards Training vouchers Filing fees Ramp cleaning Asphalt Emergency wall repair Marylane drainage imp GPS Locate Equipment repair supplies Lift station repairs Reimburse for vehicle service Retirement Spray bar pkg stainless steel Wireless service HDMI extender Gift cards Contribution Page 2 1,139 .23 160.00 1,200.00 225.00 77,536.00 10,953.84 1,104.18 7,077.81 100.00 2,797.38 45.00 66,424.05 150.00 26,231.00 10.00 5,522.57 2,206 .77 150.00 137 .50 125 .00 1,221.20 60.00 1,520.50 301.19 12 .98 3,967.00 85.51 335 .40 90.00 368.72 46.00 1,000.00 100.00 810 .00 301.70 35,943.23 5,928 .80 408.00 36 .55 5,618.27 96 .65 105.90 475.77 2,090.77 40.00 412.75 1,250.00 EXHIBIT "A" TO RESOLUTION #2019-002 Washington County Public Safety Radio Weber Bruce WSB & Associates Inc. Youth Service Bureau Ziegler Inc. REC CENTER 1ST Line/Leewes Ventures LLC Ace Hardware ASCAP AT&T Mobility Canteen Refreshment Services Cintas Corporation Coca-Cola Distribution Comcast Corval Constructors Daleo Goodin Company Holiday Credit Office Ice Skating Institute Menards MN Ice Arena Managers Pepsi Beverages Company Peterson Heidi Pioneer Manufacturing Co . R&R Specialties Inc . Riedell Shoes Inc. SESAC Performance License Sports Engine Twin Cities Dots & Pop LIBRARY Ace Hardware American Flagpole & Flag CDW Government Inc. Cintas Corporation Coit Services Elliot Metal Restoration Inc Elm USA Inc Friends of the Stillwater Public Library Global Industrial Grainger Hedin Sue Kerschbaum Renovation Kwikboost 800 Radio user fees Refund of utility overpayment Veterans Memorial Park Imp Contribution Equipment repair supplies Snacks for concessions Supplies Music License Cell Phone Coffee and concession supplies Mat cleaning service Beverages for concessions TV Internet & Voice Equipment repair supplies Janitorial supplies Equipment repair supplies Fuel Supplies Equipment repair supplies Membership Beverages for concessions Refund for 2 sessions of competition team Equipment repair supplies Equipment repair supplies Skates Music License Site builder Concession supplies Supplies Flag Equipment Mat & towel cleaning service VCT Cleaning Elevator Doors Disc Repair System Friends Reimbursement: December Sales Building equipment Supplies Staff Reimbursement Interior Painting Charging Station Page 3 9,101.82 150.50 23,290.25 2,625.00 139.77 912.25 11.40 357.00 72 .22 1,719.94 154.50 1,194.96 493.57 378.00 383 .16 117.73 181.51 15.00 76.01 230 .00 723.75 323.75 376 .50 1,420.40 241.88 438.00 300.00 525.36 86.94 99.95 3,248.20 72.24 2,052.00 4,000.00 1,314.95 244.00 3,139.77 569.01 69.98 1,675.00 1,084.00 EXHIBIT "A" TO RESOLUTION #2019-002 Loffler Companies Master Mechanical Inc. Mattson Macdonald Young Inc Menards NAC Mechanical and Electrical Services Office of MN IT Services Penguin Random House Inc. Petrie Angela Recorded Books Inc Stillwater Medical Group Toshiba Business Solutions Value Line Publishing Inc. Walker Display Inc Washington County Library Xcel Energy ADDENDUM Alliance for Innovation Century Link Dehn Oil ldentiSys Kelly & Lemmons PA Service on a Shoestring Streamline Associates Verizon Wireless Voyant Xcel Energy Adopted by the City Council this 8th Day of January, 2019 Admin Copier/Printer RTU Repair Ceiling Crack Assessment Supplies Thermostat Repairs Phone Materials Staff Reimbursement Materials New Employee Drug Screening Maintenance Contract Materials Gallery Hanging System Materials Energy Membership Telephone Fuel Software Professional services Recycling Coordinator Designation study Police Mobile Broadband Telephone Energy Page 4 5,312.80 597.96 600.73 606.72 529.39 138.50 50.00 80.50 1,733.77 332.00 31.95 1,050.00 494.67 7,479.60 5,030.35 1,860.00 236.09 1,027.65 57.00 7,890.00 10,596.00 5,000.00 630.26 525.63 41,541.49 TOTAL 592,346.46 STILLWATER POLICE DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CHIEF JOHN GANNAWAY SUBJECT: PURCHASE OF RADIOS DATE: JANUARY 8, 2019 CC: CITY ADMINISTRATOR J. THOMAS MCCARTY The Police Department is requesting to purchase replacement 800 MHz radios for $78,800. The existing radios are 12 years old and are no longer serviced/supported, as well as lacking needed upgrades. Portable radios are a critical need for Police Department operations. Officers utilize their portable radios on a continual basis and are often used in emergency situations, so having a reliable, updated portable radio is an essential need for Department operations and officer safety. This an approved capital budget item. We have received a quote from ANCOM $78,720.75 for the purchase of seventeen (17) radios with accessories. This will equip the Patrol Division. We will be requesting a lesser amount in 2020 to finish equipping the remainder of the Department. DATE:1/7/2019 CUSTOMER:Captain Nate Meredith Sales:Dean R. Daninger Fax:952.808.0034 Stillwater Police Department Phone:763.755.3377 Email:dean.daninger@ancom.org CONTACT:Captain Nate Meredith 2017 MN State Contract Pricing 119587 PHONE:651.351.4924 Quantity Description List Discount Contract Extended Motorola APX6000 Digital Portable Radio 17 H98UCF9PW6BN APX6000 700/800 Portable radio 2,938.00$ 25%2,203.50$ 37,459.50$ 17 QA05570AA PMNN4486 ADD: LIION IMPRES II 3400 MAH IP68 100.00$ 25%75.00$ 1,275.00$ 17 H122 NAR6595A ADD: 1/4 Wave 7/800 GPS Stubby Antenna 24.00$ 25%18.00$ 306.00$ 17 Q58 ENH: 3 YEAR REPAIR SERVICE ADVANTAGE 110.00$ 0%110.00$ 1,870.00$ 17 Q806 ADD: Astro Digital Operation 515.00$ 25%386.25$ 6,566.25$ 17 H38 ADD: Smartzone Operation 1,200.00$ 25%900.00$ 15,300.00$ 17 Q361 ADD: P25 9600 Baud Trunking 300.00$ 25%225.00$ 3,825.00$ 17 H869 ENH: MULTIKEY 330.00$ 25%247.50$ 4,207.50$ 17 Q625 ENH: DES, DES-XL, DES-OFB ENCRYPTION 599.00$ 25%449.25$ 7,637.25$ 17 XXXX Trade in promotion (500.00)$ (8,500.00)$ Accessories 17 PMMN4069 IMPRES Remote Speaker Microphone 121.00$ 25%90.75$ 1,542.75$ 10 NNTN8860 APX IMPRES II Single Unit Charger 150.00$ 25%112.50$ 1,125.00$ Options 4 PMNN4486 ADD: LIION IMPRES II 3400 MAH IP68 142.00$ 25%106.50$ 426.00$ 0 RLN6554 APX Wireless Remote Speaker Microphone 300.00$ 25%225.00$ -$ 6 NNTN7624 IMPRES VEHICULAR CHARGER 429.00$ 25%321.75$ 1,930.50$ 4 NNTN8844 Generation II Multi Unit Charger 1,250.00$ 25%937.50$ 3,750.00$ Total 78,720.75$ Purchase order is made out to: Motorola Solutions 13108 Collections Center Drive Chicago, IL 60693 Please include on the purchase order:Payment per State contract. State Bid Contract Number: 119587 Net 30 days Email copy of Purchase order to:dean.daninger@ancom.org 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us DATE: January 7, 2019 TO: Mayor and City Council FROM: Beth Wolf, City Clerk SUBJECT: Amendment to Liquor License – Brians at 219 Main St S DISCUSSION Mr. Brian Colombo, owner of Two Brian’s LLC, DBA Brian’s in downtown Stillwater, has requested an amendment to their liquor license premises to include the 3rd floor of their building. He is presently working with the building department and Washigton County Public Health & Environment on meeting the conditions to open the 3rd floor. Attached is the layout of 3rd floor for the additional premise request. Alcohol & Gambling Enforcement Division requires the drawing be approved by the City Council to amend their liquor license to include the 3rd floor as part of their premises for the sale of intoxicating liquor. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of approvals from the Community Development, Building Inspections, Fire Departments, Minnesota AGED and Washington County Public Health & Environment. ACTION REQUIRED If Council wishes to approve the addition of the 3rd floor to Brian’s liquor license, Council should pass a motion approving the the additional license premises amendment for Brian’s liquor license. RESOLUTION 2019‐010 RESOLUTION APPROVING ADDITIONAL LICENSE PREMISES AMENDMENT TO TWO BRIAN’S LLC, DBA BRIAN’S LIQUOR LICENSE WHEREAS, a request from Two Brian’s LLC to add the 3rd floor of their building as an amendment to their liquor license premises located at 219 Main Street South; and WHEREAS, the request meets State Statute restrictions that the premises must be “compact and contiguous”; and WHEREAS, adding the additional space to their licensed premises would allow the Brian’s to expand their establishment. BE IT RESOLVED, that the Stillwater City Council hereby approve the additional licensed premises located at 219 Main Street South, conditioned upon the following: 1.Approvals from the Community Development, Building Inspections, Fire Departments, Minnesota AGED and Washington County Public Health & Environment. Adopted by the Stillwater City Council this 8th day of January 2019. ___________________________________________ Ted Kozlowski, Mayor ATTEST: ________________________________________ Beth Wolf, City Clerk experience for visitors to The Wall. We stand by ready to answer questions, work through challenges and remain flexible and proactive throughout the process. Please feel free to contact me directly with any questions. As you look at locations this video may help you understand the setup for The Wall https://www .youtu be .com/watch ?v =Qgzlq-D69WA Setup Specifications: The Wall The Wall is a 3/4-scale replica of the memorial. It usually stands approximately 8' tall at the apex (center) and each leg reaches out 187.5' from that center-point for a total of 375'. Ideally, we aim to replicate the 125° angle of The Wall, but most sites rarely can accommodate these. Depending on the angle the following rectangle is necessary. Please note, we will not place it less than 90° or more than 170° The Wall has the ability to make up for up to 18" in slope change across the entire length. A greater change in elevation is neither aesthetically pleasing nor easy for handicapped access. Soft Surface The Wall must be setup on a soft surface. For all set-ups (grass and dirt) twelve-inch spikes are used to affix the base plates in place along the entire length of the wall. Site hosts must make certain if this will not damage irrigation or other buried utilities. In addition, near the center half of the wall, seven (7) back stakes are placed (approximately 2' deep) to keep the wall from blowing forward. Similar assurance needs to be made of no underground irrigation or utilities. Power In order to power the mobile Education Center, we need a 240 volt 50 AMP 4-wire source. This source must be located within 200' of the front of the mobile education center/trailer. We have adaptors/plugs for a 4-wire hard wire (pigtails) as well as the traditional twist lock and standard outlet. If you have the power source, we have the cords that can plug into it. For The Wall, we can either power that from the trailer (mobile Education Center) or from the generator. We prefer to run power for The Wall from another source. For that, we need two 20-amp 120V circuits. We prefer they not be GFCI outlets, but under most circumstances can work from GFCI plugs. We've used one circuit in the past, but I recently met with an electrician, and he has recommended we change to two circuits. Please keep in mind if you have a generator located in a high traffic area, we carry limited coverage for cords. Usually, we will place the generator at the front of the truck/trailer and run the 240-volt cord beneath the truck/trailer. However, keep in mind, the generator will be running the entire time The Wall is open to visitors, it can detract from the ambiance of the area. Mobile Education Center The mobile Education Center is a 53' commercial trailer hauled by a traditional semi-truck The mobile Education Center, it is a self-guided tour of the four primary aspects of The Education Center at The Wall - a time li ne/map of the Vietnam War, a display of some of the photographs of those inscribed on The Wall, a small portion of those items left behind at The Wall, and an explanation of the legacy of the Vietnam Veterans Memorial. When used without The Wall, it is not necessary to power the display unless the host desires nighttime visitation . However, in all circumstances, hosts must guarantee safe access to the display and visitors who may be standing beside the trailer reading or viewing the displays. When used in conjunction with The Wall, two Sl'x 15' awnings are affixed to the entire length of both sides of the trailer, one of which contains a 15'x15' enclosure . This enclosure serves as the information center for The Wall containing materials, handouts, and the books used to look up locations of individual names on The Wall. The lights within the information center are powered from plugs located within the tra i ler. When set up on a soft surface, the exterior corners of the enclosure and each of the canopy legs are staked to the ground . When set up on a hard surface, the host must provide fourteen (14) SO -gallon drums containing water or an equivalent amount of weight to secure the awnings and enclosure in cases of wind. This enclosure is not to be used for volunteer coordination, check-in or other services . It is intended as a visitor center and must be maintained in a manner as to provide the best image and service to visitors to the site I look forward to hearing from you by Decemb er 21th or sooner. We are excited to have you as part of our 2019 tour. Sincerely, Cynthia Brown Long Program Manager The Wall That Heals Vietnam Veterans Memorial Fund 1235 South Clark St. Suite 910 Arlington, VA 22202 Direct : (202) 330-0959 www .v v mf.org I www.vvmf.org/items/ CFC#: 11070 I United Way#: 1184 Tuesday Time to be advised 3:00 pm 3:45 pm 4:00 pm 5:00 pm Wednesday 8:30 am 4:00 pm 6:00 pm Thursday 9 am -4 pm 6:00 pm Friday 9 am-4 pm Saturday 10:00 am Sunday 2:30 pm 3:00 pm 3:00 pm --THE WALL THAT HEALS VIETNAM VETERI\NS MH,lORIAL REPLICA f.o MOHi LE ED\JC.~TI~ CENTER * A l'IU)(;l<AM Of THf \'lrTN ,4.M VFTFllA'-1~ MFMOlllAI ftJNll roUNDCRS or TH[ WALL 2019 TWTH Week of Arrival Sample Timeline (Times are suggested and subject to change) Site Walk Through with Site Manager Escort Meet-up Location: Location name and street address Meetup Ride Briefing KSU -Escort Departs Arrival at Site Photo opportunity and thank you to escort Set up The Wall (6-8 hours) First volunteer shift begins and runs through Sunday at closing Volunteer Training-all volunteers encouraged to attend Soft Opening -The Wall is open for visitors through Sunday closing The Wall Open 24 hours for viewing School Visits Welcome Ceremony The Wall Open 24 hours for viewing School Visits The Wall Open 24 hours for viewing Honors Ceremony (or whatever name you choose) The Wall is open for viewing until 3:00 pm Closing Ceremony (not required -some sites close with Taps) The Wall closes Disassemble The Wall (5 Hours) TWTH departs site (no escort) • Ceremonies are optional, the site determines what time and when they would choose to hold events at TWTH. 2019 Volunteer Support page 2 Shift Length: Most sites use three or four-hour time blocks for general volunteer shifts. We suggest that you stager shifts so that not all volunteers are arriving and departing at once. Overnight volunteer shifts can be any time in length, most hosts choose to do four, five or eight-hour shifts. The site host develops the shifts and chooses the length . Recruiting General Volunteers: Past hosts have found one of the free sites listed below useful to recruit, track and schedule their general volunteers to host The Wall and staff the overnight shifts https://sign u p.com/ https :ljwww .sig n u pgen ius . com/ Recruiting Setup volunteers: Many sites have chosen to separately recruit the volunteer team to set up and breakdown The Wall and not openly list these needs for general registration on the volunteer recruiting site. Resources for setup and breakdown volunteers are Active duty military, reserve or national guard members, Jr . ROTC, High school or college sports team(men/woman), or member of a union group. Volunteer training: The volunteer training session is held on Wednesday at 6:00 pm (usually this time) as part of The Wall set up day. Conducted by the Site Manager, training takes place in front of The Wall, runs about an hour and all volunteers are e ncou r ag ed to attend. ( Handouts are provided for those unable to attend training) 10/18 WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 8, 2019 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Corrections Sheriffs Office ITEM A. Approve the December 11, 2018, and December 18, 2018, County Board meeting minutes. B. Approve Memorial Day appropriations of $100 each, upon request, for 2019 military service organizations. C. Approve reappointments of citizen volunteers to advisory committees . D. Approve the renewal of a service agreement with Youth Service Bureau, Inc . (YSB) for the period of January 1, 2019, through December 31, 2019. E. Approve a contract with the City of Grant for the provision of law enforcement services, for the period of January 1, 2019, through December 31, 2020. F. Approve a contract with the City of Scandia for the prov1s1on of law enforcement services, for the period of January 1, 2019, through December 31, 2020. *Consent Calendar items are generally defined as items ofroutine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If you need assistance due ta disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING JANUARY 8, 2019 (No 4:30 meeting) REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. SWEARING IN CEREMONY FOR MAYOR TED KOZLOWSKI AND COUNCILMEMBERS RYAN COLLINS AND MIKE POHELNA III. ROLL CALL IV. PLEDGE OF ALLEGIANCE V. APPROVAL OF MINUTES 1. Possible approval of the December 18, 2018 regular meeting minutes. VI. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Adoption and presentation of Resolution 2019-001, commending Doug Menikheim for his 8 years of service as Ward 1 Councilmember (Resolution-Roll Call) VII. 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. 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. VIII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator IX. 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. 1. Resolution 2019‐002, directing payment of bills 2. Resolution 2019‐003, approving roll‐off hauler licenses 3. Resolution 2019‐004, designating a responsible authority and assigning duties in accordance with the State of Minnesota Data Practices Statute 4. Resolution 2019‐005, approving license to use real property – Hazardous Waste Day Collection & Electronics at Lily Lake – May 18, 2019 5. Resolution 2019‐006, approval of 2019 agreement for employee assistance services through Sand Creek Group, LTD 6. Resolution 2019‐007, approving abatement of special assessment 7. Resolution 2019‐008, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants 8. Possible approval of the second reading of Ordinance 1120 and 1121, 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 (2nd reading) 9. Resolution 2019‐009, approving statewide health improvement program grant funds X. PUBLIC HEARINGS ‐ Out of respect for others in attendance, please limit your comments to 10 minutes or less. 10. CPC Case No. 2018‐66. This is the date and time for a public hearing to consider a request for the vacation of a portion of the South Hill Outlet Sewer easement located on properties legally described as Lots 8, 9 and 10 Churchill, Nelson and Slaughter’s Addition to Stillwater, located at 808 6th Avenue South. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 21, 2018. XI. UNFINISHED BUSINESS 11. Planning Division Work Plan for 2019-2022 XII. NEW BUSINESS 12. Designation of Vice Mayor (Resolution – Roll Call) 13. Council Representative Appointments to Boards and Commissions (Resolution – Roll Call) XIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) XIV. COMMUNICATIONS/REQUESTS XV. COUNCIL REQUEST ITEMS XVI. STAFF REPORTS (continued) XVII. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 18, 2018 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna Absent: Councilmember Menikheim Staff present: City Administrator McCarty City Attorney Land Police Chief Gannaway Community Development Director Turnblad Finance Director Harrison 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 December 4, 2018 regular and recessed meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the minutes of the December 4, 2018 regular and recessed meeting. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution 2018‐271, Certificate of Appreciation Retirement – Sharon Harrison, Finance Director Motion by Councilmember Junker, seconded by Councilmember Weidner, to approve Resolution 2018‐271, Certificate of Appreciation Retirement ‐ Sharon Harrison, Finance Director. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Mayor Kozlowski presented a Proclamation commending Finance Director Sharon Harrison for her dedication in serving the City and citizens of Stillwater faithfully, efficiently, ethically and courteously for 25 years. Ms. Harrison will retire January 2, 2019. Ms. Harrison thanked the staff and the Council for their support. City Council Meeting December 18, 2018 Page 2 of 7 Proclamation: Stillwater High School Mountain Bike Team Mayor Kozlowski acknowledged the Stillwater High School Mountain Bike Team’s state championship wins in 2017 and 2018. Team members came forward to accept a proclamation designating December 19, 2018 as Stillwater Area High School Mountain Bike Team Day. Councilmember Polehna read the proclamation and acknowledged the team’s accomplishments and community activities. Proclamation: Stillwater High School Boys Soccer Team Mayor Kozlowski read a proclamation recognizing the Stillwater High School Boys Soccer Team’s 2018 AA State Championship and designating December 20, 2018 as Stillwater Area High School Boys Soccer Team day. Councilmember Polehna brought the team forward to accept the proclamation. OPEN FORUM Claire Zdechlik, a student of Mr. Berquist, explained that the class members are attending the meeting as a class requirement. STAFF REPORTS Police Chief Gannaway thanked the community for their generosity in donating 3 truck loads of Toys for Tots. City Administrator McCarty reminded the Council of 2019 League of Minnesota Cities training and events. CONSENT AGENDA Resolution 2018‐272, directing payment of bills Possible approval of temporary liquor license – Stillwater Elks Resolution 2018‐273, approval of 2019 Fee Schedule Resolution 2018‐274, possible approval of Stillwater Lights Event Contract Resolution 2018‐275, approval of the Letter of Understanding for Impound Housing Services for 2019 Possible approval of Sanitary Sewer Adjustments Resolution 2018‐276, designation of depositories for 2019 Resolution 2018‐277, approving application to conduct off‐site gambling American Legion Post 48 Resolution 2018‐278, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers 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 2018‐280, resolution to enter into agreement between Washington Conservation District and members of the 2019‐2021 East Metro Water Resources Education Program (EMWREP) Resolution 2018‐281, reappointing members to the Library Board Resolution 2018‐282, approving roll‐off hauler license City Council Meeting December 18, 2018 Page 3 of 7 Resolution 2018‐283, one‐year agreement with Polco civic engagement software platform Resolution 2018‐284, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services (LELS) Local 257 Patrol Officers Councilmember Junker commended the Chamber and City staff on Stillwater Lights. He asked about trash enclosures. City Administrator McCarty replied City staff and the Chamber will monitor and work together on those trash enclosures and portapotties based on need. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt the Consent Agenda. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2018‐14. 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. City Attorney Land informed the Council that small wireless facilities are intended to fill the gaps in coverage of the other tall towers. She and City staff have revised 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. She explained the amendments to the Zoning Code to 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. The Planning Commission held a public hearing and recommended approval. Staff recommends the Council approve the first reading. Mayor Kozlowski opened the public hearing. Adam Guinee, 1205 Creekside Crossing, stated he believes that a llowing companies to install cell towers anywhere can be disruptive, but he does not feel a company should be restricted based on aesthetics. He urged the Council to consider the environmental impacts of installing the small wireless facilities. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the first reading of 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. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None City Council Meeting December 18, 2018 Page 4 of 7 UNFINISHED BUSINESS Possible adoption of resolutions for 2019 Budget & Tax Levy City Administrator McCarty pointed out this is a continuation of the Truth in Taxation meeting held two weeks ago. He reviewed the changes made at the direction of the Council. Changes in health insurance for retirees resulted in a better plan, saving the City about $112,000, representing a 1.2% decrease in the levy proposed two weeks ago. Finance Director Harrison explained how the property tax rate is used to calculate property taxes. Mayor Kozlowski indicated that he is comfortable including $25,000 for lobbyist fees even though there are no pending projects. Having a lobbyist ready for possible projects in the next legislative session makes sense. Councilmembers Polehna, Junker and Weidner agreed. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2018‐285, adopting the Final Budget and the commitment of certain revenue sources for the Fiscal Year 2019. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2018‐286, adopting the Final Tax Levy for the Year 2019. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None NEW BUSINESS Nuisance Abatement Hearing ‐ 421 Hanson Place Community Development Director Turnblad reported that in August, the owners of 421 Hanson Place worked with a code enforcement officer to clean up their yard. The problem reoccurred and on November 30, they were issued a nuisance citation to clean up their yard. They are now appealing the citation. The Council has three options: sustain the appeal and not order abatement; order abatement and the City would clean up the nuisance items and bill the property owners; table the matter. Community Service Officer Brittny Schmitz presented the evidence, including pictures taken September 5, 2018 of the backyard after the property owners cleared seven trailer loads or more of auto parts, tires, construction materials, and things intended to be used in working on cars. She felt the owners did a substantial amount of work in three weeks. However on November 29, the City received another complaint that the property had deteriorated and junk had returned. She met with the complainant and took pictures. Two of the vehicles in the backyard did not have front license plates, which falls under the abandoned vehicle ordinance, there was material from a fish house, fencing material, and a red truck bed filled with tires, in addition to some gutter material, scrap wood and other materials that were not there on September 5. The owners were given until December 5 to clean up, however they filed an appeal and everything was put on hold at that point. She did not go back there City Council Meeting December 18, 2018 Page 5 of 7 until today. All vehicles at this point are properly licensed and appear operable. The foam material, a trailer hooked to a vehicle, plastic bins with storage items, wood, pallets and other materials remain. The truck bed and the tires that were in the truck bed are gone. The property has drawn complaints from more than one neighbor. Councilmember Weidner asked if a nuisance violation is the same as an exterior storage violation. It clearly looks like a nuisance, but he would like to define the violation and the ordinance on which the Council can base its decision. Police Chief Gannaway noted the nuisance ordinance covers the depositing of any refuse, rubbish, garbage or other discarded items. Councilmember Weidner pointed out that the problem is that the property owners stated they were going to use materials. It is not discarded or abandoned. Community Service Officer Schmitz read the definition of refuse to include all waste including paper, garbage material, food, vegetable, animal or plant waste, construction debris, and detached vehicle parts. City Attorney Land noted that she has not been involved in the case. She would like to review actions taken to see if there are other definitions and other options that already exist in code that would allow the Council to enforce this as an abatement action. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to continue the hearing. All in favor. Councilmember Polehna commented this is prime example of why a yard parking ordinance is needed. Mayor Kozlowski agreed the City needs to look at nuisances, outdoor storage, and yard parking. Councilmember Weidner stated he is in favor of looking at a yard parking ordinance again. Councilmember Polehna suggested the Planning Commission look at it. City Attorney Land stated either yard parking or exterior storage regulations could be done by City code, it does not have to be a zoning ordinance so it would not have to go to the Planning Commission. Community Development Director Turnblad recommended the Council get the public involved. The City currently does not have an exterior storage ordinance for residential districts, unless they have a home occupation license. City Attorney Land remarked there are many options and staff can gather some options to present in a workshop. Councilmember Weidner reiterated that he would like to look at developing an exterior storage ordinance. City Council Meeting December 18, 2018 Page 6 of 7 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 City Administrator McCarty reported that last fall, Washington County adopted a hazards mitigation plan which the City Council also approved. It makes the City eligible for grants to mitigate future hazards. The window film is not bullet resistant, but provides resistance to impact. The City’s share is of the cost $11,700. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2018‐287, 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. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None COMMUNICATIONS/REQUESTS Strategic Plan Update City Administrator McCarty provided an update on what has transpired in the last six months. League of MN Cities Insurance Trust 2018 Notice of Dividend City Administrator McCarty stated this year’s dividend is just over $10,000. COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update Councilmember Polehna stated Beyond the Yellow Ribbon held the 20th hunt for service members just back from Afghanistan and Iraq deployment. He thanked the community sponsors for their support. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker, to adjourn. Ayes: Councilmembers Junker, Weidner, Polehna and Mayor Kozlowski Nays: None The meeting was adjourned at 8:40 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City Council Meeting December 18, 2018 Page 7 of 7 Resolution 2018‐271, Certificate of Appreciation Retirement ‐ Sharon Harrison, Finance Director Resolution 2018‐272, directing payment of bills Resolution 2018‐273, approval of 2019 Fee Schedule Resolution 2018‐274, possible approval of Stillwater Lights Event Contract Resolution 2018‐275, approval of the Letter of Understanding for Impound Housing Services for 2019 Resolution 2018‐276, designation of depositories for 2019 Resolution 2018‐277, approving application to conduct off‐site gambling American Legion Post 48 Resolution 2018‐278, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Local 49 International Union of Operating Engineers 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 2018‐280, resolution to enter into agreement between Washington Conservation District and members of the 2019‐2021 East Metro Water Resources Education Program (EMWREP) Resolution 2018‐281, reappointing members to the Library Board Resolution 2018‐282, approving roll‐off hauler license Resolution 2018‐283, one‐year agreement with Polco civic engagement software platform Resolution 2018‐284, approving the 2019‐2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services (LELS) Local 257 Patrol Officers Resolution 2018‐285, adopting the Final Budget and the commitment of certain revenue sources for the Fiscal Year 2019 Resolution 2018‐286, adopting the Final Tax Levy for the Year 2019 Resolution 2018‐287, 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 City o~ g tlQQwate/l, uU innegoto cp !locQamatlon 'RESOLUTION 2019-001 'D011t;i :M'E:Nlx:J-f'EI:M WHEREAS, 'Doug .1vlenikfieim lias served on tfie Sti{{water City Counci{ for eigfit years; and WHEREAS, 'Doug .1vlenikfieim is to 6e commended for fiis faitlifu{ and dedicated service to tlie City of Sti{{water. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, tfiat for fiis dedicated service to tfie City as Counci{mem6er 'Doug .Jvlenikfieim is fiere6y commended; tfiat recognition 6e given to tfie fact tfiat for tfie eigfit years fie lias served tfie City, tfie said 'Doug .1vlenikfieim yrovided exemy{ary {eadersfiip. Tfie Counci{ further extendS to fiim its 6est wishes for tfie future. BE IT FURTHER RESOLVED, tfiat tfie City C{erk is fiere6y authorized and directed to record tfiis reso{ution in tfie officia{ record of yroceedings of tfie Counci{ and to deilver a certified coyy thereof to tfie said 'Doug .1vlenikfieim . .Jtdoyted 6y tfie Counci{ tfiis Btfi day of january, 2019. EXHIBIT "A" TO RESOLUTION #2019-002 LIST OF BILLS Abbott Paint Able Hose & Rubber Inc. Ace Hardware Advance Auto Parts APWA Aramark Aspen Mills Bay West LLC BHE Community Solar Board of Water Commissioner Bornt Rich Bremer Bank Bureau of Crim. Apprehension COW Government Inc. Century Link Century Power Equipment Cintas Corporation Cole Papers Com cast Community Thread Computer Integration Technologies Coverall of the Twin Cities Cummins Sales & Service Daleo Dell Marketing L.P. ECM Publishers Environmental Systems Research Fastenal Company Foxit Software Inc Frontier Ag & Turf Frontier Precision Inc. Fuhr Trenching Galls LLC Gopher State One Call Inc. Granicus Inc Greiner Michael Hassis Paintworks Heritage Printing Inc. Holiday Companies Hotsy Equipment of Minnesota Integrity Land Development Inc International Code Council Jahnke Brian Jefferson Fire and Safety Inc. John & Melissa Uppgren Painting supplies Tools Supplies Equipment repair supplies Membership Uniforms Uniforms Carfentanil removal1232 Driving Park Rd Solar Garden WAC Charges & Assessment Prine & lnt Reimburse for mileage Records research Terminal access charge Computer equipment and supplies Telephone Equipment repair supplies Mat & uniform cleaning service Supplies Internet & Voice Contribution Professional services Commercial cleaning services Equipment repair supplies Janitorial supplies Finance Dir computer replacement Publications Arc GIS Equipment repair supplies Phantom PDF Equipment repair supplies Annual Trimble Software Maint. Pioneer Park Restroom Boots-Julien locates Equipment Reimburse for mileage Fire boat repair Business cards Vehicle washes Building repair Neal Ave Rd & right of way construction Training Reimburse for work boots Turn Out Gear Refund of 1st qtr 2019 parking permits Page 1 555.45 982.80 164.83 63 .00 245.00 111.93 1,031.75 1,772.37 2,258.44 35,459.31 61.60 10.00 270 .00 5,279 .71 134.75 154.07 425.92 134.90 322.55 4,000.00 25.50 540.00 21.55 88 .55 1,096.99 237.50 2,200.00 171.64 1,295.64 96.27 671 .40 9,800.00 381.58 2.70 6,945.82 39.24 7,428.00 336.30 320 .00 351.50 68,577.49 870.00 160.00 13,684.86 600 .00 EXHIBIT "A" TO RESOLUTION #2019-002 Kirvida Fire Inc. Kuehn Michael Leadership Growth Groups LLC League of MN Cities League of MN Cities Ins Tr LeVander Gillen & Miller MaiiFinance Inc Mansfield Oil Company MBPTA Me nards Metro Area Mgmt Association Metropolitan Council Mid-States Organized Crime Midway Ford MN Dept of Agriculture MN Dept of Labor and Industry MN Dept of Transportation MN State Fire Chiefs Assn M P Nexlevel LLC MSCIC Municode MWOA Metro National Fire Protection Association Office Depot O'Reilly Auto Parts Performance Plus LLC Polehna Michael Pro-Tee Design Pullen Annette Marie Quill Corporation River Valley Printing Inc. Science Museum of Minnesota Simplifile LC St. Croix Boat and Packet Co. T.A. Schifsky and Sons Taylor Co TKDA T-Mobile USA Tri-State Bobcat Tri-State Pump and Controls Inc . Turnblad Bill Valley Trophy Inc. VariTech Force America Verizon Wireless VSAinc Walmart Community Wash. Cty Historical Society Fire pumper repair Reimburse for work boots Metro Area Leadership Growth Group Leadership conference Workers Comp Insurance Professional services Folding Machine Lease Fuel Membership Supplies Membership Monthly SAC Membership 2019 Ford F550 Pesticide applicator license Quarterly Surcharge 2018 Street Imp Membership Locating Training-Belisle Ordinance pages Section meeting Subscription Office supplies Shop supplies Medical evals Reimburse for meal for city Xmas tree crew Alarm monitoring Professional services Office supplies Business cards Training vouchers Filing fees Ramp cleaning Asphalt Emergency wall repair Marylane drainage imp GPS Locate Equipment repair supplies Lift station repairs Reimburse for vehicle service Retirement Spray bar pkg stainless steel Wireless service HDMI extender Gift cards Contribution Page 2 1,139.23 160.00 1,200.00 225.00 77,536.00 10,953.84 1,104.18 7,077.81 100.00 2,797.38 45.00 66,424.05 150.00 26,231.00 10.00 5,522.57 2,206.77 150.00 137.50 125.00 1,221.20 60.00 1,520.50 301.19 12.98 3,967.00 85.51 335.40 90.00 368.72 46 .00 1,000.00 100.00 810.00 301.70 35,943.23 5,928.80 408 .00 36.55 5,618.27 96.65 105.90 475.77 2,090.77 40.00 412.75 1,250.00 EXHIBIT "A" TO RESOLUTION #2019-002 Washington County Public Safety Radio Weber Bruce WSB & Associates Inc. Youth Service Bureau Ziegler Inc. REC CENTER 1ST Line/Leewes Ventures LLC Ace Hardware AS CAP AT&T Mobility Canteen Refreshment Services Cintas Corporation Coca-Cola Distribution Comcast Corval Constructors Daleo Goodin Company Holiday Credit Office Ice Skating Institute Me nards MN Ice Arena Managers Pepsi Beverages Company Peterson Heidi Pioneer Manufacturing Co. R&R Specialties Inc. Riedel! Shoes Inc. SESAC Performance License Sports Engine Twin Cities Dots & Pop LIBRARY Ace Hardware American Flagpole & Flag CDW Government Inc. Cintas Corporation Coit Services Elliot Metal Restoration Inc Elm USA Inc Friends of the Stillwater Public Library Global Industrial Grainger Hedin Sue Kerschbaum Renovation Kwikboost 800 Radio user fees Refund of utility overpayment Veterans Memorial Park Imp Contribution Equipment repair supplies Snacks for concessions Supplies Music License Cell Phone Coffee and concession supplies Mat cleaning service Beverages for concessions TV Internet & Voice Equipment repair supplies Janitorial supplies Equipment repair supplies Fuel Supplies Equipment repair supplies Membership Beverages for concessions Refund for 2 sessions of competition team Equipment repair supplies Equipment repair supplies Skates Music License Sitebuilder Concession supplies Supplies Flag Equipment Mat & towel cleaning service VCT Cleaning Elevator Doors Disc Repair System Friends Reimbursement: December Sales Building equipment Supplies Staff Reimbursement Interior Painting Charging Station Page 3 9,101.82 150.50 23,290.25 2,625.00 139.77 912.25 11.40 357.00 72 .22 1,719.94 154.50 1,194.96 493.57 378.00 383.16 117.73 181.51 15.00 76.01 230 .00 723.75 323 .75 376.50 1,420.40 241.88 438.00 300.00 525.36 86.94 99.95 3,248.20 72.24 2,052.00 4,000.00 1,314.95 244.00 3,139.77 569.01 69.98 1,675.00 1,084.00 EXHIBIT "A" TO RESOLUTION #2019-002 Page 4 Leffler Companies Admin Copier/Printer 5,312.80 Master Mechanical Inc. RTU Repair 597.96 Mattson Macdonald Young Inc Ceiling Crack Assessment 600.73 Me nards Supplies 606.72 NAC Mechanical and Electrical Services Thermostat Repairs 529.39 Office of MN IT Services Phone 138.50 Penguin Random House Inc. Materials 50.00 Petrie Angela Staff Reimbursement 80.50 Recorded Books Inc Materials 1,733.77 Stillwater Medical Group New Employee Drug Screening 332.00 Toshiba Business Solutions Maintenance Contract 31.95 Value Line Publishing Inc. Materials 1,050.00 Walker Display Inc Gallery Hanging System 494.67 Washington County Library Materials 7,479.60 Xcel Energy Energy 5,030.35   Date: January 4, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Roll‐off Hauler Licenses DISCUSSION: Highland Sanitation & Recycing and Gene’s Disposal Service Inc 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 2019‐003 APPROVING ROLL‐OFF HAULER LICENSES WHEREAS, Highland Sanitation & Recycling and Gene’s Disposal Service Inc have submitted an application for a new hauler license for 2019; and WHEREAS, approval is contingent upon satisfactory completion of application submittal requirements. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Roll‐off Hauler License for Highland Sanitation & Recycling and Gene’s Disposal Service Inc. Adopted by Council this 8th day of January 2019. _____________________________ Ted Kozlowski, Mayor Attest: _______________________________ Beth Wolf, City Clerk RESOLUTION 2019-004 DESIGNATING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES IN ACCORDANCE WITH THE STATE OF MINNESOTA DATA PRACTICES STATUTE WHEREAS; Minnesota Statutes, Section 13.02, Subd. 16, as amended, requires that the City of Stillwater appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City; and WHEREAS, the Stillwater City Council shares concern expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern; and WHEREAS, the City Council has appointed an administratively qualified Responsible Authority as required by the statute in the past; and WHEREAS, the Stillwater City Council wishes to update the appointment for 2019. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater appoints J. Thomas McCarty, City Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. BE IT FURTHER RESOLVED, as follows: 1. To ensure that all individual data is available to the Responsible Authority and Data Compliance Officer all personnel, background investigation (raw and summary data), training, disciplinary and medical files shall be retained in a secure location as deemed appropriate by the Responsible Authority (City Administrator) and Data Compliance Officer (City Clerk). 2. That the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. Adopted by the City Council of the City of Stillwater this 8th day of January 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION 2019‐005 APPROVING LICENSE TO USE REAL PROPERTY BE IT RESOLVED, by the City Council of Stillwater, MN that License to Use Real Property between Washington County and the City of Stillwater for the use of for the Hazardous Waste Day Collection & Electronics to be held on Saturday, May 18, 2019 is hereby approved and authorizes the Mayor and Acting City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 8th day of January 2019. Ted Kozlowski, Mayor ATTEST: _________ Beth Wolf, City Clerk 1 LICENSE TO USE REAL PROPERTY This Agreement is entered into by and between The City of Stillwater, Minnesota (Licensor), and the County of Washington, Minnesota (Licensee). WHEREAS, Washington County wishes to hold a household hazardous collection event in the City of Stillwater; and WHEREAS the City of Stillwater agrees to make the Lily Lake Park available for such event; and WHEREAS, the collection of household hazardous waste provides a public benefit to the residents of Stillwater and the surrounding areas. NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS: I. GRANT OF LICENSE The City of Stillwater hereby grants Washington County a temporary nonexclusive license for the following dates: All day on Saturday May 18, 2019. For the following location: Lily Lake Park 1208 Greeley St S Stillwater, MN 55082 II. LIMITATION TO DESCRIBED PURPOSE The licensed premises may only be used by Licensee for the purpose of collecting household hazardous waste, waste consumer electronics, and for attendant purposes related thereto. III. PAYMENT Licensee shall pay to the City of Stillwater $300 for each day of the license, and payment shall be made 30 days after each day of the license and will be sent to: City of Stillwater 216 4th St N Stillwater, MN 55082 2 IV. INDEMNIFICATION AND INSURANCE The Licensee agrees to indemnify, defend, and hold harmless Licensor for any and all claims arising out of the Licensees negligent or willful acts or omissions occurring on or at the licensed premises except such damage expenses, demands and claims caused by the negligent or willful acts of the Licensor, its employees, or agent and other third parties. The Licensee' s obligation toindemnify the Licensor under this clause shall be limited to the statutory tort liability limitation set forth in Minn. Stat. §466.04, including Licensor' s claim for indemnification. Licensee agrees that in order to protect itself as well as the Licensor from claims arising out of providing services and the use ofthe space and furniture under this agreement, it will at all times during the term of this agreement keep in force policies of insurance providing: General liability limits of $ 500,000 per claimant and $ 1, 500, 000 per occurrence. Certificates of Insurance evidencing the insurance required under this clause must be provided to the Licensor before the effective date of this agreement. The licensee shall also have workers compensation Insurance in statutory amounts. V. NONDISCRIMINATION During the performance of this agreement, the Licensee agrees to the following: No person shall, on the grounds ofrace, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed to national origin be excluded from full participation in or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. VI. RECORDS AVAILABILITY AND RETENTION Pursuant to Minnesota Statute 16C.05, Subd. 5, the Licensee agrees that the Licensor, the State Auditor, or any oftheir duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this agreement. The Licensee agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. VII. FIREARMS PROHIBITED Unless specifically required by the terms of this contract or the person it is subject to an exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services pursuant to this contract or subcontractors shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision is grounds for immediate suspension or termination of this contract. 3 VIII. SCOPE OF USE County has sole use of area and is responsible for security and traffic flow. Use of site involves large traffic volumes and the County shall not be liable for damage to parking lot or driveways under normal high volume use. County will erect at tent or tents if needed to facilitate our collection. This includes breaching small holes in the bituminous surface of the parking lot to facilitate driving of stakes and securing guyline to the tent. Holes will be repaired by tent purveyor. IN WITNESS WHEREOF, the parties have executed this Agreement on the 8th day of January, 2019. CITY OF STILLWATER WASHINGTON COUNTY By By Ted Kozlowski, Mayor Chair, Washington County Board of Commissioners By: By: Beth Wolf, City Clerk Molly O’Rourke, Washington County Administrator By: Lowell R. Johnson , Director Department of Public Health and Environment APPROVED AS TO FORM By: Assistant Washington County Attorney     TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, HR Manager DATE: January 4, 2019 SUBJECT: Renewal Agreement for Employee Assistance Services BACKGROUND The City of Stillwater offers its employees Employee Assistance Program (EAP) services that provide short term assessment and brief counseling for a wide variety of personal and work- related wellness concerns. The service is currently provided by the Sand Creek Group, Ltd. With this service, the City’s employees and their family members have an arena of EAP options including:  Counseling  24-hour telephone crisis intervention  Chemical dependency case management and relapse prevention  Financial counseling  Legal consultation and referral  In-person, webinar and website access to on-line videos  Quarterly newsletter The annual cost for this service is $2,165.60 per year and is included in the 2019 budget. RECOMMENDATION Staff recommends adoption of the resolution entitled, “Approving 2019 Agreement for Employee Assistance Services through the Sand Creek Group, Ltd.”  RESOLUTION 2019‐006 APPROVING 2019 AGREEMENT FOR EMPLOYEE ASSISTANCE SERVICES THROUGH THE SAND CREEK GROUP, LTD. WHEREAS, the City of Stillwater as an employer offers employee assistance program services to its employees and family members; and WHEREAS, the City of Stillwater delivers its employee assistance program through service provider Sand Creek Group, Ltd.; and WHEREAS, the employee assistance program services are provided by Sand Creek Group, Ltd., for an annual retainer of $2,165.60 (included in the 2019 budget); and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves renewal of the agreement for Employee Assistance Program services through the Sand Creek Group, Ltd. Enacted by the City Council of the City of Stillwater, Minnesota, this 8th day of January 2019. CITY OF STILLWATER ___________________________________ Ted Kozlowski, Mayor ATTEST: ______________________________ Beth Wolf, City Clerk Memo To: Mayor and City Council From: Alison Egger {j).f/ Assistant Finance Director Date: 12/27/2018 Re : Abatement Request BACKGROUND Ll #417-2018 Street M&O Assessment Abatement Owner called December 27, 2018 in regards to a check not being cashed that he dropped off along with two (2) other checks in the outside box on the evening of November 9th. The UB and Water Board checks were cashed promptly, but the special assessment payment has still not been cashed. City has no record of ever receiving this check and hence the Special Assessment was Certified to Washington County for Payment on the 2019 Property Taxes. Owner is requesting an abatement from the 2019 Property Taxes in the amount of $180.82 (Principal $119.47 and Interest $61.35) and ability to payoff the original assessment amount of $1, 194.77. RECOMMENDATION Staff recommends abating the assessments from the property taxes for the payable year 2019 for PID 28.030.20.32.0003 ACTION REQUIRED If council agrees with staff's recommendation, Council needs to pass a resolution abating the special assessments. CC: Sharon Provos -Finance Director ~ RESOLUTION 2019-007 A RESOLUTION APPROVING THE ABATEMENT OF SPECIAL ASSESSMENT WHEREAS, payment for a 2018 street assessment has not cleared and was certified to Washington County, payable in 2019, for Parcel ID 28.030.20.32.0003 in the amount of $180.82 (principle $119.4 7, plus interest $61.35) for ability to payoff original assessment amount of$1,194.77; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessment, as stated above, are hereby abated. Adopted by the City Council this 8th day of January 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk     TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: January 4, 2019 SUBJECT: 2019-2020 Labor Agreement between City of Stillwater and Law Enforcement Labor Services (LELS) Local 254 Police Sergeants BACKGROUND The City of Stillwater and LELS Local 254 Police Sergeants have concluded negotiations for a successor labor agreement for 2019 and 2020 and the LELS Local 254 Police Sergeants membership has voted to approve the agreement. Changes in the contract language include:    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  Health Insurance – 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, 20201  Life Insurance – Employer will provide a term life insurance policy for each employee and coverage increases from $20,000 to $30,000  Overtime – Police Department administration will post special events, including but not limited to City festivals, promptly upon notification of the need for additional police coverage for the event  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 by the City on or after January 1, 2019 (full-time) will earn sick leave at the rate of 8 hours/month to a maximum of 1040 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 1 Includes plan design changes to High Value Network on all three plans contingent on the ability of the City to make the plan design changes RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and LELS Local 254 Police Sergeants is consistent with direction from City Council for labor negotiations. LELS Local 254 Police Sergeants membership has approved the 2019-2020 labor agreement. Increased contract costs are included in the proposed 2019 budget. Therefore, staff recommends adoption of the resolution entitled “Approving the 2019-2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants.”     RESOLUTION 2019‐008 APPROVING THE 2019‐2020 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES LOCAL 254 POLICE SERGEANTS BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2019-2020 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants, 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  Health Insurance – 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 (plan design changes to High Value Network on all three plans contingent on the ability of the City to make the plan design changes)  Life Insurance – Employer will provide a term life insurance policy for each employee and coverage increases from $20,000 to $30,000  Overtime – Police Department administration will post special events, including but not limited to City festivals, promptly upon notification of the need for additional police coverage for the event  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 by the City on or after January 1, 2019 (full-time) will earn sick leave at the rate of 8 hours/month to a maximum of 1040 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 8 day of January, 2019. _______________________________ Ted Kozlowski, Mayor ATTEST: ______________________________ Beth Wolf, City Clerk   CITY COUNCIL MEETING DATE: January 8, 2019 CPC CASE NO.: 2018-14 December 18, 2018 (1st Reading) 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. 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. CPC Case No. 2018-14 January 8, 2019 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 second 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 Ordinance 1120 (Amending Chapter 24) Ordinance 1121 (Amending Chapter 31-315 and 31-325) 1 ORDINANCE NO. 1120 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 8th day of January, 2019. 27 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 ORDINANCE NO. 1121 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 8th day of January, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk     TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, HR Manager DATE: January 4, 2019 SUBJECT: Statewide Health Improvement Program Grant Funds BACKGROUND The City of Stillwater provides its employees and community with physical activity opportunities such as an on-site employee fitness center, and a community with parks offering bicycle and walking trails. The Statewide Health Improvement Program funding, facilitated by Living Healthy Washington County, offers the availability of a $5,000 grant for the purpose of revitalizing the employee fitness center and improving employee physical activity; and $10,000 in community partner project funding to place benches, bicycle racks and a bicycle repair station along the City’s south loop trail and west side pedestrian trail, inclusive of seniors and persons with disabilities. Within the grant application, the City is required to commit an in-kind match of ten percent, and the in-kind funding is included in the 2019 budget. A ten-percent in-kind contribution is $1,500. The City is required to complete the projects by September 30, 2019, and believes it can achieve project completion by September 30, 2019. RECOMMENDATION Staff recommends adoption of the resolution entitled, “Approving Stillwater Application for Worksite and Community Wellness Partner Project Action Plan Grant Through Living Healthy Washington County and Statewide Health Improvement Program.”  RESOLUTION 2019‐009 APPROVING STILLWATER APPLICATION FOR WORKSITE AND COMMUNITY WELLNESS PARTER PROJECT ACTION PLAN GRANT THROUGH LIVING HEALTHY WASHINGTON COUNTY AND STATEWIDE HEALTH IMPROVEMENT PROGRAM WHEREAS, the City of Stillwater, as an employer and community, supports improved physical activity for its employees and residents; and WHEREAS, the City of Stillwater provides its employees with an on-site fitness center, and its community with parks offering bicycle and walking trails; and WHEREAS, as an organization, the City is eligible to apply for and receive Statewide Health Improvement Program (SHIP) partner project plan grant funding of $5,000 to revitalize the employee fitness center and improve employee physical activity; and $10,000 to place benches, bicycle racks and a bicycle repair station along the south loop trail and west side pedestrian trail to improve physical activity for all, inclusive of seniors and persons with disabilities; and WHEREAS, the SHIP grants require a 10 percent in-kind contribution (included in the 2019 budget). NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Stillwater application totaling $15,000 Living Healthy Washington County Statewide Health Improvement Program grant funding with an in-kind City contribution of $1,500; and BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater also authorizes the City to accept and administer the Statewide Health Improvement Program grant if awarded and authorizes the City Administrator to sign all necessary documents for the Grant on behalf of the City of Stillwater. Enacted by the City Council of the City of Stillwater, Minnesota, this 8 day of January, 2019. CITY OF STILLWATER _________________________________________ Ted Kozlowski, Mayor ATTEST: _________________________________________ Beth Wolf, City Clerk CITY COUNCIL MEETING DATE: January 8, 2019 CASE NO.: 2018-66 APPLICANT: Matt and Michelle Harty, property owners REQUEST: Consideration of the vacation of a portion of the South Hill Outlet Sewer easement located on properties legally described as Lots 8, 9 and 10 Churchill, Nelson and Slaughter’s Addition to Stillwater, located at 808 6th Avenue South and the acceptance of a sewer easement on the same property ZONING: RB: Two Family COMP PLAN DISTRICT: LMDR: Low/Medium Density PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Matt and Michelle Harty, property owners of 808 6th Avenue South, have requested consideration of a partial vacation of a sewer easement that encumbers most of their property. In exchange for the vacation, the Harty’s would grant the City a new, 20’ wide easement, 10’ on each side of the delineated sewer line. If approved, the Hartys would be able to build a new home on the property in areas currently encumbered by easement. APPLICABLE BACKGROUND In November, 2016, the Hartys purchased the property at 808 6th Avenue South. Prior to purchasing the property, staff inaccurately advised the future owners that the property (including the undeveloped portions of certain lots) were developable. However, staff advised there was a series of land transactions that complicated the situation and conducting title work prior to the purchase of the property would explain the issues staff was not easily able to identify. In April of 2017 they obtained a Design Permit from the Heritage Preservation Commission for the new construction of a residence in the Neighborhood Conservation District. Shortly thereafter, it was determined the City was granted sewer easements by deed for most of the property the Hartys had purchased. The easements in question are for the City to maintain a circa 1915 sewer main, commonly referred to as the South Hill Outlet Sewer. The easements restrict development on the property – regardless of location and proximity to the sewer main. See the attached 808 6th Avenue South Easements, Setbacks, and Builable Areas map. Case No. 2018-66 CC: January 8, 2019 Page 2 of 2 One alternative for the property owner is to relocate the sewer main; however, relocation of the sewer main is not feasible. Therefore, the Hartys have opted to survey the property, delineating the sewer line, and requested an easement exchange. If approved, the Hartys would be able to remove the existing residence and apply for a building permit for the construction of the home that was granted HPC Design Permit approval in early 2017. ALTERNATIVES The Council has the following options: 1. Approve. If the Council is favorable to the easement swap, the Council should move to approve the first reading of the Ordinance vacating the original easement and accepting the newly delineated easement. 2. Deny. If the Council is not favorable to the easement swap, the Council may deny the request. 3. Table. If the Council would like additional information, they may move to table consideration, requesting additional information from staff or the property owner. ANALYSIS AND RECOMMENDATION While there is a current home on the property, the deeded easements restrict any development on all of Lot 10 and the north 50’ (i.e. the platted 40’ of Lot 8 and the northern 10’ of Lot 9). Therefore, even if the Hartys would like to reconstruct the existing home, they would not be permitted to. While a (approximately) 2,100 square foot area not encumbered by easements remains, the sewer main does cross over the property in this location. This means that, when combined with the front yard setback, less than 20% of the lot can accommodate any improvements. In order to protect the public facilities in this location while also to allowing the Hartys reasonable redevelopment opportunity of their property, staff recommend the Council authorize the vacation of that portion of the South Hill Outlet Sewer easement located on properties legally described as Lots 8, 9 and 10 Churchill, Nelson and Slaughter’s Addition to Stillwater, located at 808 6th Avenue South and the acceptance of a new, delineated 20’ sewer easement on the same property. ATTACHMENTS Site Location Map Easements, Setbacks, and Buildable Areas map Confinement Request 1915 Sewer Plan Certificate of Survey Draft Resolution AVENUEE. HUDSON ST SOUTHDUBUQUEEASTSIXTHFIRST SOUTHSECONDSOUTHSTREETSTREETQUARRY LN µ 0 240 480120Feet General Site Location Site Location 808 6th Ave S ^ Text 718 725 816 812 809 805801 717 901 808 711 822 817 304 712 µ 0 60 12030Feet 808 6 th Avenue SouthSouth Hill Se wer Ou tletExisting Sa nitary Sewe r Easeme ntSetback AreasBuildable Area General Site Location 808 6th Avenue South Easements, Setbacks,and Buildable Areas ^ December 6th, 2018 City of Stillwater 216 4th Street North Stillwater , MN 55082 Re: Easement confinement Matt & Michelle Harty 808 6th Ave S, Stillwater MN 55082 I am writing to request that the City of Stillwater allow confinement of the easements on my property located at 808 6th Ave S , Stillwater MN. The location address consists of 3 separate lots. The lots are Churchill, Nelson and Slaughter’s addition lots 8,9,10 (see attached map lots and lines). I would like to request permission from the City of Stillwater to confine the current “blanket” easements to 10 ft on each side of the city sewer line running across the 3 lots. The 20 ft easements (10 ft on each side of sewer line) is the required distance stated by the City of Stillwater engineering departments. Per request I am attaching a certified survey showing the Legal Description with language describing the proposed easement confinement. Please let me know if you have any question or need additional material. Thanks, Matt Harty / / _Pla.t1ed.Invtfarck ./.9/5. £~ Z{j._Cf!.cuz.-~ Survey Made For: Matthew Harty and Michelle Horty 2032 Morgan Avenue North West Lakeland, MN 55082 Legal Description: The south 30 feet of Lot Nine (9) ond oil of Lot Ten (1 0), in Block One (1) of CHURCHILL NELSON & SLAUGHTER'S ADDITION TO STILLWATER, Washington County, Minnesota. And Lots 8 and 9, Block 1, EXCEPT the South 15 feet of Lot 9, and also EXCEPT the the South 15 feet of the North 25 feet of said Lot 9, CHURCHILL, NELSON, AND SLAUGHTER'S ADDITION TO THE CITY OF STILLWATER, Washington County, Minnesota. PROPOSED SANITARY SEWER EASEMENT: A 20 foot wide permanent easement for sanitary sewer purposes over, under, and across, that port of Lots 8, 9, and 10, Block 1, CHURCHILL, NELSON AND SLAUGHTER'S ADDITION TO THE CITY OF STILLWATER, according to the record plot thereof, Washington County, Minnesota, the center line of said easement is described as follows: CERTIFICATE OF SURVEY " f--I I I f-( I SCALE LAKE AND LAND SURVEYING, INC. I---1 I I 1200 Centre Pointe Curve, Suite 275 Mendota Heights, Minnesota 55120 Phone: 651-776-6211 I ' ,-~. I ' ~ I ,--., I\ I c. I I I \ I I\ I I I --, I--I L _ L _ ' \ L_ L. . / ' \ I I I \ I I I I \ I ~ L / L _ I I '-/ I I 3: . 0 ~0 ina f:"'N 0~ z ' . , ~ ~ " " N89'33'55"E POINT OF BEGINNING···., 134.97 EXISTING GARAGE BLOCK / o""' / / / / / "" /9 / /0 / / / /0 / / " I 0 " I 0 _-···NORTH LINE OF LOT 8 NE CORNER OF LOT 8 ANCHOR :r: <;' I- <( :::J 3 0 we. Ul o• o 0 I' c'. w •'<:!"I :::J o-"' N I{') C2 z ~ f'lw w og > VJ3 <( f- LL :r: Beginning of the centerline to be described at a point on the north line of said Lot 8 distant 49.51 feet West of the northeast corner of said Lot 8; thence Southwesterly to west line of said Lot 10, distant 34.59 feet North of the southwest corner of said Lot 10 and said center line there terminating. 1 inch = 30 ft. -r--"1 I- <D CD ------32.5------- The sidelines of said easement shall be prolonged or shortened to terminate on the north line of said Lot 8 and the west line of said Lots 9 and 10. WEST LINE OF LOT 9 ... ·• WEST LINE OF LOT '/ / m en '"' n / / / / 10 ' NOTES: / '-BLOCK RETAINING WALL 0 • -OHW- ® CJ Denotes 12" long Common Spike Monument set & copped RLS 16464. Denotes Iron Monument found size, type, and RLS os noted. Denotes Overhead Utility Wires Denotes Sanitary Manhole Denotes Concrete Surface SITE ADDRESS: 808 6th Avenue S, Stillwater, MN BASIS OF BEARINGS: ASSUMED JOB NO: 2018.015 " ' ' SW CORNER OF LOT I 0 ' ' -,- -,- ,--,- I I I I\ I f---1 r-- I '-. ./ I ~ L_ AREAS: Lot area northwest of proposed sanitary sewer easement -2,541 sq. ft. Lot area of the proposed sanitary sewer easement -2,417 sq. ft. Lot area southeast of proposed sanitary sewer easement -11,239 sq. ft. Total Lot Area: 16,197 sq. ft. c. I 2 STORY FRAME 134.97 S89"33'55"W ' ' ' II \I I\ L _ L _ V V r--r-.( L_ 3 I 0 I certify that this survey, plan or report was prepared by me or under my direct supervision, and that I om o duly Registered Land Surveyor under the lows of the State of Minnesota. Revised November 29, 2018 February 28, 2018 Jonathon L. Faraci Registered Land Surveyor & Registered Minnesota Registration No. 16464 Engineer 1 RESOLUTION NO. 2019- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING PUBLIC SEWER EASEMENTS LOCATED WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, pursuant to Minn. Stat. § 412.851, on petition of the majority landowners, with a majority vote of its members, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and WHEREAS, Matthew and Michelle Harty (“Landowners”) petitioned to vacate the public sewer easements over property at 808 6th Avenue South, Stillwater, Minnesota, which are legally described on the attached Exhibit A (“Existing Easements”); and WHEREAS, the City of Stillwater wishes to vacate the Existing Easements in exchange for a new public sewer easement described on the attached Exhibit B; and WHEREAS, a notice of a public hearing on said vacation was duly published and posted in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation at the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota; and WHEREAS, the City Council of Stillwater then proceeded to hear all persons interested in said vacation and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacation; and WHEREAS, the City Council of Stillwater has determined that the vacation would be in the public interest. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater: 1. That the City of Stillwater, pursuant to Minn. Stat. § 412.851, hereby vacates the public sewer easements situated in the City of Stillwater, County of Washington, State of Minnesota, legally described on the attached Exhibit A. 2. That said vacation has no relationship to the City’s Comprehensive Plan and therefore the Stillwater City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd. 2, that may require the Stillwater Planning Commission to perform a Comprehensive Plan compliance review of said vacation that may constitute a disposal of real property pursuant to § 462.356, Subd. 2. 2 3. That the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. BE IT FURTHER RESOLVED, a new sanitary sewer easement will be established and accepted by the City as described on the attached Exhibit B. BE IT FURTHER RESOLVED, that the vacation of the Existing Easements is contingent upon the execution of the new sanitary sewer easement by Landowners. Enacted by the City Council of the City of Stillwater, Minnesota this 8th day of January, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk A-1 EXHIBIT A LEGAL DESCRIPTION OF EASEMENTS TO BE VACATED Easement No. 1 An easement for sewer purposes as given, granted and conveyed per Document No. 51661, Book of Deeds No. 74 at Page 390, Office of the County Recorder, dated March 15, 1912 and recorded April 8, 1912, more particularly described as follows: Lot number Ten (10) of Block Number One in Churchill, Nelson and Slaughter’s Addition to Stillwater, as the same was surveyed and platted and is now of record in the office of the Register of Deeds of said Washington County, Minnesota, the center line of proposed sewer across said lot being part of a line described as follows: to wit: Beginning at a point in the center line of South First Street One Hundred (100) feet north of the center line of East Churchill Street and running thence northeasterly in a direct line to a point in the center line of Sixth Avenue South; said point being Two Hundred and Twenty five (225) feet south of the intersection of the center lines of Hill Street and said Sixth Avenue South. Easement No. 2 An easement for sanitary sewer purposes as given, granted and conveyed per Document No. 217601, Book of Deeds No. 242 at Page 418, Office of the County Recorder, dated and recorded September 12, 1961, more particularly described as follows: Lot Eight (8) and the North Ten (10) feet of Lot Nine (9) in Block One (1) of Churchill, Nelson and Slaughter’s Addition to Stillwater, according to the plat thereof on file and of record in the office of the Register of Deeds of Washington County, Minnesota. B-1 EXHIBIT B PERMANENT EASEMENT FOR SANITARY SEWER This PERMANENT EASEMENT (“Easement”) is made, granted and conveyed this 8th day of January 2019, between Matthew Harty and Michelle Harty, as husband and wife, (“Landowner”) and the City of Stillwater, a Minnesota municipal corporation (“City”). The Landowner owns the real property situated within Washington County, Minnesota as described on the attached Exhibit A (“Landowner’s Property”). A. EASEMENT The Landowner in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, the following: 1. A permanent nonexclusive easement for sanitary sewer purposes and all such purposes ancillary, incident or related thereto (hereinafter “Permanent Easement”) under, over, across, through and upon Landowner’s Property, which is legally described and depicted on Exhibit B (hereinafter the “Permanent Easement Area”) attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any sanitary sewer and any underground storm sewer pipes and all facilities and improvements ancillary, incident or related thereto under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer and any underground sanitary sewer pipes and all facilities and improvements ancillary, incident or related thereto under, over, across, through and upon the Permanent Easement Area. EXEMPT FROM STATE DEED TAX B-2 B. GENERAL PROVISIONS 1. The City shall indemnify, defend and hold harmless the Landowner from all claims, costs, damages and expenses arising from the City’s negligent exercise of its rights under this Easement, or arising from any violation of this Easement by the City. The City, after any work contemplated hereunder, shall restore the Permanent Easement Area substantially to the grade that existed prior to the work. 2. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner’s Property prior to the date hereof. 3. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner, itself or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. 4. The Landowner, for itself and its successors and assigns, do hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner’s Property described on Exhibit A and the Permanent Easement Area described and depicted on Exhibit B that it has good right to grant and convey the Permanent Easement herein to the City. [the remainder of this page has been intentionally left blank] B-3 IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Mayor Ted Kozlowski By: City Clerk Beth Wolf STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of January, 2019, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public B-4 LANDOWNER: Matthew Harty Michelle Harty STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on day of January, 2019 by Matthew Harty and Michelle Harty, husband and wife. Notary Public THIS INSTRUMENT DRAFTED BY AFTER RECORDING, PLEASE RETURN TO: Korine L. Land, #262432 LeVander, Gillen, & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 (651) 451-1831 B-5 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally described as: The South 30 feet of Lot Nine (9) and all of Lot Ten (10) in Block One (1) of Churchill, Nelson & Slaughter’s Addition to Stillwater, Washington County, Minnesota and Lots 8 and 9, Block 1, except the South 15 feet of Lot 9 and also except the South 15 feet on the North 25 feet of said Lot 9, Churchill, Nelson & Slaughter’s Addition to the City of Stillwater, Washington County, Minnesota Abstract Property (PIDs: 33.030.20.11.0005, 33.030.20.11.0006, 33.030.20.11.0007) B-6 EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA A 20 foot wide permanent easement for sanitary sewer purposes over, under, and across, that part of Lots 8, 9, and 10, Block 1, CHURCHILL, NELSON AND SLAUGHTER’S ADDITION TO THE CITY OF STILLWATER, according to the recorded plat thereof, Washington County, Minnesota, the center line of said easement is described as follows: Beginning of the centerline to be described at a point on the north line of said Lot 8 distant 49.51 feet West of the northeast corner of said Lot 8; thence Southwesterly to west line of said Lot 10, distant 34.59 feet North of the southwest corner of said Lot 10 and said center line there terminating. The sidelines of said easement shall be prolonged or shortened to terminated on the north line of said Lot 8 and the west line of said Lots 9 and 10. B-7 EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA CONTINUED Survey Made For: Mat:~ew lia,...ty and Micl-"elle lla--ty 2032 Morgan Avenue North West Lakeland, MN 55082 Legal Description: -h(l so~.;th JO f0c~t of ._at Nho (9) or;d ell of Lot Too (10). ir· Olo:::k One (') of CHURCHILL NC:LSON &. SLAt..(;HTER'S ADDillON -o s-ll..LWATER. Wo5hhgton County, M~nn~S<ltO. Aed Lots 8 and 9, 8 ock 1, EXCEPT the SQ..Jth 15 feet of Lot 9, ond o so I:..XCEPT tbe the South 15 f~":et of the Nodn 25 feet of sa'd lot 9, CHURCHILL, NELSO'I.J, AND SLAUGHTeR'S ADDITION TO THE CITY or s-ll . .LWATER, Wacllhglon County. Minne~oto. PROPOSED SANITARy' SE~'r'ER EASEMENT A 20 foot wide oermanent e-asement fer sonilory s::wer p..1rposes over, under, and across, thot port of Lots B, 9, and 10, 81ocl:. 1, 0-kJRCHil-, NELSON AND SLAUG'lTER'S AO)ITIO".J TO THE C TY Of Sl1LLWATE:O:. ccco~ding to the re;::oro plot ihl!'reof, Washington Couriy. Minnesota, the csnter ine of sa'd ease'rle.,t is desct"ibed as fallows: CERTiriCATE OF SURVEY ) LAKE AND LAND SURVEY1NG, INC. s 1200 Cenlre Pointe Curve. Sutte 275 Q~s#-"' Mendota Heights. Minnesota 55120 c:l/ <; Phone: 651 776 6211 <f ,;;," ' '.--,.~ ""' ' ~ '' "" ,.~ • ' "'"' -,-.--"" '/0~ r--NO~lH UNE 0~ LOT 8 :"~~~1.-~:.'~):'~f /-\:'~~ .... ~-'~-,'-\'u'~;ii: ~~~\ :; /,,• I ~ :: N89'33'55"E V ~" I I i' I I'" ~" t o I t---lf It-<' I t-'11. I ~ J I I "J I ' ~' 1 I I :,_ ~ l-SCALE :;t j....o .q-0 inci b~ z .~ !, " 4> -'] ~ POINT Of ~EGNNING--., 134.97 / / /·-NE.. CCRNi::R Cf LOT 1::1 u· .. 1.· I ):'1--.,:::J w~o o: 0 (/') d~~~ C'\IL{)irZ ..-f'lw W oo > VJ'> <( 8~ginr'ng of th!': t.!!'ntt-rlif"'l" to be de"'.Crib~d ot 0 point on the ,"orth line or said Lot 8 distant 49.51 feet West of t~oe ncrthMst comer of said Lot 8; tl"erce. Southwesterly 10 west line of said Lot lC, distant 34.59 feet North of the soulhwest corner of said Lot 10 and so'd center ine the-e terminoti.,g. 1 inch -::-30 ft :;:I .-,r ,e.<D The sideline:> of sci::! casement st->ol ~c prolo"'god or :;;;hortoncd to terminate on 1t'c nonh lire cf ~:;id Lot 5 end !:he ""'~st J;ne of so'd Lots g and 10 •' 10 NOTES: / :~BLOQ( RETAINI~G WALL 0 Denotes 12" long Common SpiKe Mo"lument set & copped RLS 16464. e Denotes Iron Mo"'IUment 'ound s'ze, type, and RLS as noted. -----<>.JW-Denotes Over t'eod Uti tty Wires ® Denotes San·ta..-y Ma"'l"'ole D Denotes Concrete Su"'fcce S17E ADDR::SS: 808 6th Avenue S, Sti'lwote", MN BASIS o~ BEAR NGS: ASSUMED JOB NO: 2018.015 SW C;ORNt.R Cf" LO 10 • .-' /-', ~ _,' ~-' A.~E:AS: Lot oreo nortnwest of proposed sanitary sewer easement -2,541 sq. 't. Lot oreo of +,ne proposed son·twy sewe; e::;serrent -2.417 sq. f\ Lot orca :,;outhcost of proposed 3onitory sewer coscmoot 11,239 sq. ft Totol Lot Area: 16,197 5q. f1. !~ ~; .,.,~, ' v "'·' ' ..P"'7 . ·---2~.7-----,.1' J::"?.....-E 1511 r-HOUSE ? STGRY I FRAME 134.97 S89'33'55"W --~ ~ '--'.' \/ J-' I cerny thot this $urvey, plan or report wns prepored by me or IJrder my d'rect super..-i!lion, Clnd that I am 0 duly Regi!ltered Lond Surveyor U'lder the lawD of the State of Mhnesota. (L~. R!!Yised l'ove-nber 29, 2018 --,p=..f""«~"'-'"'-';L---'--"'---=-ebrucry 26, 2018 Jonathon L. fmoci Registered Land Surveyor & Register~,"{! [,<ineer Minnesota Regi'Jirotion No. 1646-4 DATE: January 4, 2019 TO: Mayor and Council Members SUBJECT: Planning division work plan FROM: Bill Turnblad, Community Development Director INTRODUCTION The planning division of the community development department will be involved in a wide spectrum of projects in the next several years. The public works department will take lead on some of the projects, and the planning division will take lead on others. The project list includes some that are approved and funded, some that are in the Capital Improvement Plan but not funded, some that are mandated by the state, some that have been requested by the City Council, some from the 2008 Comprehensive Plan, some that would require additional staff if implemented, some from approved park plans, some that have been identified by the Planning Division. To manage resources necessary to accomplish the list of projects, a four year work plan has been developed. The timeline for a few of the projects is set by the state, other entities, or funding sources. For these projects there is not much flexibility in the schedule. However, for most of the projects, timing is flexible. Therefore, it is expected that the attached draft work plan will be revised over time. COMMENTS The Council has already considered the first draft of this work plan and made suggestions for additions and revisions. Those suggestions are included in this revised work plan. Like the City’s Capital Improvement Plan, a number of the projects in this work plan are not yet funded. So, like the CIP, this work plan serves in part like a guide. While it would be great to complete each project in the year that it is listed, that probably will not happen. But, simply by being on the work list, the projects will not be forgotten. Project scopes have not been established yet, so the time resources shown in the work plan are only estimates. As each project is considered for approval in a particular year’s operating or capital budget, the scope will be defined and the actual cost in time will become clearer. Planning Division work plan December 29, 2018 Page 2 Since the 2040 Comprehensive Plan is still in the process of being reviewed, its projects are not included in the work plan yet. Only the state mandated zoning code update is included. And the Chestnut Street Plaza is included because $2 million in State funding is available for the project. A summary of the higher profile projects by year: 2019 – Miscellaneous ordinance amendments including signage, diseased trees, outside storage and perhaps residential parking; adoption of 2040 Comp Plan; develop GreenStep Cities work plan; create new development ordinance(s) for the Minar Neighborhood; design the riverwalk and shoreline restoration south of Nelson Street; create a street lighting plan for downtown, develop a master park plan for the Aiple property; construct park improvements for the former Palmer property (2019-20); and pursue creation of the City’s first local historic district. 2020 – Design Chestnut Street Plaza; construct riverwalk and shoreline restoration; construct park improvements for former Aiple property; create remodeling plans for Bergstein buildings; consider creation of housing maintenance and rental property ordinances 2021 – Construct Chestnut Street Plaza; design improvements in Bridgeview Park; design pedestrian improvements for Commercial Street between 2nd Street and Main Street REQUESTED ACTION Staff requests the Council to review and comment on the work plan. bt Attachments: 2019-22 Work Plan Planning Department Work Plan 2019-2022 Project Resources Project Resources Project Resources Project Resources 1. Improve economic development web presence CDD's time (5-10 hrs)1. Chestnut Street plaza and Main St design (CDD L, w CP) CDD's time (40-60 hrs) + CP's time (30-40 hrs) + design consultant (50% MnDOT funding; $70K City unfunded) 1. Chestnut Plaza and Main Street improvements (CDD L, w CP) CDD's time (40-60 hrs) + CP's time (40-60 hrs) + PW's time + construction manager (in 2021 CIP; $2 million available from MnDOT) 1. Parking ramp construction on 2nd between Olive and Chestnut CDD's time (100-120 hrs) + construction manager (In 2022 CIP, but unfunded) 2. Escrow tracking system CDD's time (20-25 hrs)2. Update city code + zoning map for consistency w Comp Plan (2019-20) CDD's time (60-80 hrs)2. Design of parking ramp on 2nd between Olive and Chestnut CDD's time (60-80 hrs)+ design consultants (in 2022 CIP, but unfunded) 2. Commercial Street pedestrian improvements CDD's time (50-80 hrs) + PW's time + construction manager (In 2022 CIP, but unfunded) 3. Misc ordinance amendments: sign, diseased trees, outside storage, residential parking CDD's time (60-90 hrs)3. Housing maintenance ordinance (CDD L, w ZA) CDD's time (20-25 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 3. Bridgeview Park design CDD's time (30-50 hrs) + design consultants (in 2022 CIP, but unfunded) 3. Bridgeview Park improvements (with Public Works) CDD's time (30-50 hrs) + PW's time + construction manager ($4 million in 2022 CIP, but unfunded) 4. MnDOT license for use of Chestnut St CDD's time (10-15 hrs)4. Rental ordinance (CDD L, w ZA) CDD's time (20-25 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 5. Formalize complaint procedures (ZA L)CDD's time (15-20 hrs) + ZA's time (30-40 hrs) + PD time 5. Riverwalk construction monitoring (2019-20, Public Works L) CDD's time (10-15 hrs) + PW time + construction manager (50% state bond; 50% TIF) 6. Update zoning code + zoning map for consistency w Comp Plan (2019-20) CDD's time (50-70 hrs)6. Development of Master Plan for City's recreation center CDD's time + Rec Center Manager's time + Facilities Manager's time + consultant time 7. Riverwalk design & construction (2019- 20, Public Works L) CDD's time (10-20 hrs) + City engineer's time + construction manager (50% state bond; 50% TIF) 8. 2040 Comprehensive Plan (2017-19)CDD's time (20-40 hrs) + consultant time (funded) 9. Downtown parking capacity study (w ZA) CDD's time (10-15 hrs) + ZA's time (15-20 hrs) + consultant time (funding: parking enterprise fund) 10. Expand municipal lot 16 (Public Works L) CDD's time (10-15 hrs) + PW's time (2019 CIP, parking entpr fund) 11. Develop downtown street lighting plan (Public Works L) 12. GreenStep Cities Program: develop 2019-21 work plan (ZA L) CDD's time (10-20 hrs) + ZA's time (30-40) + Sustainable Stillwater 1. Update planning case database (more user friendly search options) CP's time (5-10 hrs) + programming consultant (unfunded) 1. Bergstein building design and remodeling (2020-21, CP L w ZA) CP's time (20-35 hrs) + ZA's time (10- 15 hrs) + construction manager (In 2020 CIP, but unfunded) 1. Bergstein building design and remodeling (2020-21, CP L w ZA) CP's time (40-60 hrs) + ZA's time (20- 30 hrs) + construction manager (In 2020 CIP, but unfunded) 1. Lowell Park/Sam Bloomer design CP's time (30-40 hrs) + consultant (unfunded) 2. Minar Neighborhood ordinance amendments (2018-19) CP's time (30-40 hrs)2. Chestnut St plaza & Main St design (CDD L) CDD's time (40-60 hrs) + CP's time (30-40 hrs) + design consultant (50% MnDOT funding; $70K City unfunded) 2. Chestnut Plaza and Main Street improvements (CDD L) CP's time (40-60 hrs) + CDD's time (40-60 hrs) + PW's time + construction manager (in 2021 CIP; $2 million available from MnDOT) 2. South Main Archaeological Preservation & Interpretation Plan CP's time (15-20 hrs) + consultant (unfunded) 3. Business plan for Bergstein bldgs.CP's time (30-40 hrs) + consultant ($15K budgeted) 3. Consolidate historic preservation design standards CP's time (40-50 hrs)3. Commercial street pedestrian improvements design CP's time (40-60 hrs) + design consultants (unfunded) 3. Teddy Bear Park Barn – Historic structure report CP's time (15-20 hrs) + consultant (unfunded) 4. Hwy 95 south entrance monument design CP's time (25-30 hrs) + design consultant (in CIP 2019, unfunded) 4. Host 2020 State Historic Pres Conference CP's time (40-60 hrs)+ HPC time 4. Update Heirloom Homes website CP's time (30-40 hrs) + consultant (unfunded) 5. Update HPC enabling ordinance (2018- 19) CP's time 5. Assess and repair Sunken Garden CP's time (20-30 hrs)+ design consultant + construction manager (unfunded) 5. Aiple property park development (w Public Works) (2020-21) CP's time (40-60 hrs) + PW's time + construction manager (with Public Works)(In 2020 CIP, but unfunded) 6. Hersey Bean wall stabilization CP's time (15-20 hrs) + consultant (unfunded) 6. Palmer Park improvements (Public Works L) CP's time (15-20 hrs) + PW's time + contractors ($75K in 2020 CIP) 7. Aiple property master park plan CP's time (40-60 hrs) + consultant time ($35K budgeted - CD prof services + park dedication funds?) 7. Aiple property park development (2020- 21) CP's time (30-60 hrs) + PW's time + construction manager (In 2020 CIP, but unfunded) 8. Lowell Park Pavilion - historic structure report CP's time (15-20 hrs) + consultant (unfunded) 8. Hwy 95 south entrance monument construction (CP L w ZA) CP's time (10-15 hrs) + ZA's time (10- 15 hrs) + construction management? (in CIP 2019, but unfunded) 9. Creation of South Hill Historic District CP's time (20-40 hrs) 10. Palmer Park improvements (Public Works L) CP's time (10-15 hrs) + contractors ($50K in 2019 CIP) 11. Stormwater ordinance amendment (2018-19) CP's time (20-30 hrs) 2022 Community Development Director 2019 City Planner 2020 2021 1/4/2019 Planning Department Work Plan 2019-2022 1. Create tracking system for land use enforcement ZA's time (20-15 hrs)1. Bergstein building design and remodeling (2020-21, CP L) CP's time (20-35 hrs) + ZA's time (10- 15 hrs) + construction manager (In 2020 CIP, but unfunded) 1. Bergstein building design and remodeling (2020-21, CP L) CP's time (40-60 hrs) + ZA's time (20- 30 hrs) + construction manager (In 2020 CIP, but unfunded) 1. GreenStep Cities Program ZA's time + Sustainable Stillwater 2. Formalize complaint procedures (2018- 19, ZA L w CDD) ZA's time (30-40 hrs) + CDD's time (15-20 hrs) + PD's time 2. GreenStep Cities Program ZA's time + Sustainable Stillwater 2. GreenStep Cities Program ZA's time + Sustainable Stillwater 3. Aiple property vegetation management plan ZA's time (15-20 hrs) + consultant (underfunded: $7.5K budgeted; $17.5K estimated need - BCWD possible funding source) 3. Housing maintenance ordinance (CDD L) CDD's time (20-25 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 4. GreenStep Cities Program: Develop 2019-21 Work Plan (ZA L, w CDD) ZA's time (30-40 hrs) + CDD's time (10-20 hrs) + Sustainable Stillwater 4. Rental ordinance (CDD L)CDD's time (22-258 hrs) + ZA's time (45-50 hrs)(additional staff for administration of ordinance not funded) 5. Downtown parking capacity study (2018-19, CDD L) ZA's time (15-20 hrs) + CDD's time (10-15 hrs) + consultant time (funding: parking enterprise fund) 5. Hwy 95 south entrance monument construction (CP L) CP's time (10-15 hrs) + ZA's time (10- 15 hrs) + construction management? (in CIP 2019, but unfunded) 6. ADA parking inventory and enforcement (private lots) ZA's time (60 hrs) 7. Private event tracker system (ZA L, w AA) ZA's time (5-10 hrs) + AA's time (5- 10 hrs) 8. Short Term Home Rental ordinance revisions (ZA L, w AA) ZA's time (10-15 hrs) + AA's time (5 hrs) 1. Private event tracker system (ZA L)ZA's time (5-10 hrs) + AA's time (5- 10 hrs) 1. Old file management AA's time 2. Laserfiche links to sign and misc permits AA's time (60-70 hrs)2. Digitize remainder of Architecture Inventory Records and Rivertown Restoration files AA's time (80-100 hrs) 3. Digitize CPC and HPC packets AA's time (40-50 hrs) 4. Old file management AA's time 5. Short Term Home Rental ordinance revisions (ZA L) ZA's time (10-15 hrs) + AA's time (5 hrs) Notes: 1. This work plan does not generally include work from the 2040 Comp Plan yet. Exceptions are the mandated update of City Code and zoning map within 9 monts of Comp Plan adoption, and the Chestnut Street plaza 2. Project scopes and time allotments are rough estimates. More detailed project scopes will be necessary. 3. CDD = Community Development Director; CP = City Planner; ZA = Zoning Administrator; AA = Administrative Assistant; L = leads the project team; PD = Police Department; PW = Public Works Zoning Administrator Administrative Assistant 1/4/2019   To: Mayor and City Council From: Beth Wolf, City Clerk Date: December 26, 2018 Subject: 2019 Vice Mayor Appointment DISCUSSION: As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED: Elect a vice mayor and adopt a resolution entitled “DESIGNATING COUNCIL VICE‐MAYOR FOR 2019.”   To: Mayor and City Council From: Beth Wolf, City Clerk Date: December 26, 2018 Subject: 2019 Council Representative Appointments Each year the Council reviews and appoints a Council representative(s) to various boards, commissions, and committees. Listed below are the following boards/commissions/committee and the 2018 representative respectively. BOARD/COMMISSION COUNCILMEMBER Convention & Visitors Bureau Councilmember Polehna Downtown Parking Councilmember Junker Fire Relief Association Councilmember Weidner Councilmember Polehna Heritage Preservation Councilmember Junker Human Rights Councilmember Polehna Joint Board Mayor Kozlowski Councilmember Weidner Joint Cable Councilmember Weidner Library Board Councilmember Menikheim, also currently a Board Member Middle St. Croix Watershed Management Councilmember Menikheim Alternate: Councilmember Polehna Park & Recreation Councilmember Polehna Planning Councilmember Menikheim Water Board Councilmember Menikheim ACTION REQUIRED: Determine 2019 assignments for members of Council and once determined, Council should pass a motion to adopt a resolution entitled “Designation of Council Representatives for 2019 Boards/Commissions/Committees”. RESOLUTION 2019-012 DESIGNATING COUNCIL VICE MAYOR FOR 2019 WHEREAS,Article VI, Section 6.02 of the Stillwater City Charter states the Council shall elect one of its members to be vice-mayor; and WHEREAS, on January 8, 2019 the Council held such an election; and WHEREAS, Councilmember Michael Polehna was elected by unanimous vote as Vice Mayor. BE IT RESOLVED by the City Council of Stillwater, Minnesota,that Councilmember Michael Polehna is hereby designated a Council Vice Mayor. Adopted by the Stillwater City Council this 8th day of January, 2019. -Z-•149 Ted Kozlowski, Mayor ATTEST: 1/46;e4 Beth Wolf, City Cler RESOLUTION 2019-013 DESIGNATION OF COUNCIL REPRESENTATIVES FOR 2019 BOARDS/COMMISSIONS/COMMITTEES NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the 2019 Council Representatives/Liaison for City Boards/Commission/Committees are as follows: BOARD/COMMISSION COUNCILMEMBER Convention &Visitors Bureau Councilmember Polehna Downtown Parking Councilmember Junker Fire Relief Association Councilmember Weidner Councilmember Polehna Heritage Preservation Councilmember Junker Human Rights Councilmember Polehna Joint Board Mayor Kozlowski Councilmember Weidner Joint Cable Councilmember Weidner Library Board Councilmember Collins Middle St. Croix Watershed Councilmember Collins Management Alternate: Councilmember Polehna Park&Recreation Councilmember Polehna Planning Councilmember Collins Water Board Councilmember Polehna Adopted by the Stillwater City Council this 8th day of January, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Cler