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HomeMy WebLinkAbout2020-04-07 CC Agenda Packet l l lwa ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate by logging into zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 AGENDA CITY COUNCIL MEETING April 7, 2020 PP NO CHANGE TO AGENDA REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. COVID-19 Reponse Update 2. St. Croix River High Water Update V. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Police Chief 4. Fire Chief - 2019 Annual Report 5. Finance Director 6. Community Development Director City Planner - Aiple Park Plan Update and HPC Ordinance Update 7. Public Works Director 8. City Clerk 9. City Attorney 10. City Administrator 11. Library Director VII. CONSENT AGENDA - 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. 12. March 17, 2020 regular meeting minutes 13. Payment of Bills 14. Hauler's License Renewal for Advanced Disposal Services - Resolution 15. Ordinance 1139 Amending Stillwater City Code Sec 23-1, Fire Department - Ordinance 2nd Reading 16. Ordinance 1140 Amending Stillwater City Code Sec 51-5, Snow Emergencies - Ordinance 2nd Reading 17. Ordinance 1141 Amending Stillwater City Code Sec 33-1, Adopting the State Building Code and Fire Code - Ordinance 2nd Reading 18. Ordinance 1142 Repealing Stillwater City Code Section 27-1 and Enacting Sections 27-4 and 27-5 Regarding Licensing of Dogs, Potentially Dangerous Dogs and Dangerous Dogs - Ordinance 2nd Reading 19. Ordinance 1143 Amending Stillwater City Code Section 41-2, Licensing of Tobacco Sales; Possession and Use - Ordinance 2nd Reading 20. St. Croix Valley Recreation Center Infrared Heater Request 21. Washington County Event Permit - Resolution VIII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 22. CPC Case No. 2019-25 to consider amending the City's sign regulations (City Code Ch 31) by allowing electric message center signage to some areas of the City, by addressing content neutrality and commercial speech concerns, by re -organizing the regulations to improve understandability, and other organizational and clerical changes. Notice was published in the Stillwater Gazette on March 27, 2020 - Ordinance 1st reading. 23. CPC Case 2020 05 to consider an app ill request by the City of Stillwater, applicant, for the reconsideration of the HPC's denial of Case No 202n_n3 South Main Street Ref,;,,;,,resign Property located at the south end of Main Street, adjacent to the South Main Street Public Stairway. Notice was published in the Stillwater Gazette on March 27, 2020. Appeal Withdrawn IX. UNFINISHED BUSINESS 24. ADA Transition Plan 25. Discussion of Policies Relating to Economic Impacts Following COVID-19 Pandemic - Resolution 26. Neal Avenue Parking Restriction X. NEW BUSINESS 27. Heifort Hills Development Agreement - Resolution 28. Lily Lake Cooperative Agreement 29. St. Croix Valley Recreation Center New Sound System Request - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda April 7, 2020 Glen G� F•� • .0, GoNCayrse Clue • 8 Trail a �,/ *:� sr+ e puree •1 • i.. 1 •' •4 1 • M ••� i • ,'I cI.W. • • • • Ball s• > . s: ... IeMaod •• • .Jr :•� t 1 9 \ 5elh SC Oak Park Heights Brak$ z a \s. N. df- •Sy 5th Ave ty a 5 0 tK 2 4 City of Stillwater ADA Transition Plan for Public Rights -of -Way City Council Meeting - 04/07/2020 Agenda - Informational Open House on ADA Transition Plan • ADA Transition Plan Overview • Common Accessibility Issues • Project Activities • Self -Evaluation • Priority Areas • Discussion RINI ADA Transition Plan WINI Why complete an ADA Transition Plan? • Americans with Disabilities Act (ADA) -enacted in 1990 with regulations in effect since 1992 • Title II Applies to Public Services - State/Local Government • Bars discrimination against qualified individuals with disabilities • Requires maintenance of accessible features • Must provide equal access to programs and services • Includes Transportation Services and Programs • Such as "Public Right -Of -Way" • Public Facilities WINI Transition Plans • Required of public entities that employ at least 50 persons (§ 28 CFR 35.150(d)) • Purpose: • To set forth steps necessary to complete modifications identified through self - evaluation (those areas not covered by a previous plan) • Provide a schedule for completing the modifications • What's Included: • Identify physical obstacles in the public entity that limit accessibility • Describe in detail the methods to make facilities accessible • Specify the schedule for achieving compliance WINI Self -Evaluation and Transition Plan • Evaluate current services, policies, and practices and make necessary modifications to meet requirements • Provide an opportunity to interested persons to participate in self -evaluation process by submitting comments • Maintain on file and make available for public inspection for at least 3 years following self -evaluation WINI Common Accessibility Issues WINI Common Accessibility Deficiencies • Insufficient landing • Slope • Railings • Lack of curb ramps • Lack of truncated domes • Accessible pedestrian signal deficiencies • Lack of ADA transition plan/public procedures WINI WINI WINI rry liturair !lee() o© fiPi-D co MnfDOT ADA Transition Plan Minnesota Department of Transportation httD: ffwww.d o!.state .mn.us.ada Project Scoping • Improvements that are ADA compliant, but not necessarily sufficient 4 • Better to consider a system of infrastructure as opposed to short-term fixes • Limits agency risk • Constructible, maintainable, usable WINI City of Stillwater ADA Transition Plan WINI Data Collection • Developed inventory guide • Used mobile device with GPS capabilities to collect data on public rights -of -way Home v Hopkins ADA Collection i Details +. Add • °oi; Basemap 9 0 8= Legend Curb Ramp Sidewalk Accessible Pedestrian Signal • Concrete Sidewalk Sidewalks Regional Trails - Regional Trails Bikeways - Bikeways Bituminous Path - Bituminous Path Unpaved Path - Unpaved Path ® Save Data Collection Public Right -of -Way 833 Sidewalk Points 171 Trail Points Pedestrian Signals (1 Signal City Controlled) Data Collection Public Buildings • City Hall • Fire Station • Lily Lake Ice Arena • Public Works Facility • St. Croix Valley Recreational Center • Stillwater Parking Ramp • Stillwater Public Library WINI Self -Evaluation: Public ROW 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% Percent ADA Compliance per Facility 70 94 62 Curb Ramps Sidewalks Trails External Agency Traffic Control Signals • Percent Compliant • Percent Non -Compliant Self -Evaluation: Facilities • City Hall (76%) • Fire Station (82%) • Lily Lake Ice Arena (61) • Public Works Facility (79%) • St. Croix Valley Recreation Center (66%) • Stillwater Parking Ramp (66%) • Stillwater Public Library (74%) WINI Self -Evaluation: Facilities Common Themes • Most accessible parking signs are incorrect height (60-66 inches measured from the bottom of the sign to the pavement). • Slope of the many spaces and access aisles were greater than 2 percent in any direction. • Most access aisles did not have "no parking" signs or paint. • Many curb ramps had slopes steeper than 8.3 percent and cross slopes steeper than 2 percent. • Many of the entrance doors required more than 5 pounds to open and did not take at least 2 seconds to close. WINI Plan Elements • Establish formalized grievance procedure • Prioritize improvements for incorporation into Capital Improvement Program • Set goals for ADA compliance • Establish local ADA Coordinator WINI Prioritization of Improvements • Geographic • Medical Centers, Schools, Transit Facilities, Government Buildings, Non - Auto Dependent Households, or similar facilities • Condition • Missing curb ramps • Other accessibility gaps • Poor slopes • Insufficient landings or obstructions WINI Discussion WINI Community Questions -Public Comment Period • What is your experience with accessibility in Stillwater? • Do you have any recommendations? How should we focus our efforts? Priority areas, other issues, etc. WINI Thank You! Joseph Kapper, AICP SRF Consulting Group, Inc. jkapper@srfconsulting.com RINI Sign Ordinance Public Hearing April 7, 2020 Bill Turnblad's Goals for Sign Ordinance revisions The primary reasons we are taking on this behemoth• • Allow limited digital display (aka electronic message center) to signage in a few parts of town; and • Allow institutional signage for schools and churches in residential districts; and • Allow institutional signage in the institutional and park zoning districts. We also want to clean up stuff that isn't working. Then of course, there is the mountain of law that has evolved over the last thirty or so years that is not reflected in our code. Goals PROTECT FIRST AMENDMENT ADD "BEST PRACTICE" BETTER ORGANIZE, ADD, ADD ELECTRONIC SIGNS ADD INSTITUTIONAL RESTRUCTURE DISTRICTS PROVISIONS DELETE DEFINITIONS WITH STANDARDS SIGNS WITH STANDARDS AND STANDARDS FOR CONSISTENCY AND UNIFORMITY First Amendment Protection • The First Amendment protects signs as speech so courts closely review attempts to regulate signs. • In 2015, the U.S. Supreme Court decided a pivotal case (Reed v. Town of Gilbert) that changed how courts review the validity of sign ordinances. • Prior to this decision, courts generally presumed sign ordinances were valid and, would look to the intent behind the adoption of the ordinance. First Amendment Protection • Since Reed, courts now presume that sign ordinances that restrict speech (either expressly or implicitly) are unconstitutional. Small church that met in schools or at various locations Used directional signs to point people to places for services Town of Gilbert —suburb of Phoenix pop. 200,000 Very detailed sign ordinance Reed v. Gilbert In Reed, the Town of Gilbert's sign code required a permit for signs, but then listed out categories or types of signs exempt from requiring a permit, including "political signs," "ideological signs," and "temporary directional signs." The ordinance in Reed also placed different physical restrictions on the various types of signs. 1 ] y t,0 C! iN t 1 ‘ Vr S �II a�I I ? I RIPII . 'VONIIIIPP IS LIM 4 - 2 -4J31 ilk YO 1 r I I CON:M 1' N I .[ "I€ 111 T ilt I E N. "."L %* fii reccom . .c.-41,iiii..1 Reed v. Gilbert Reed v. Gilbert The U.S. Supreme Court found this ordinance was content -based because the V\ regulation "on its face" looked to the message on the proposed sign to determine how the city would regulate it. AAesthetic appeal and traffic safety were not sufficient to withstand strict scrutiny. 1 If you have to read the sign first, the ordinance is content -based. Content -Based Institutional sign means a sign identifying a church, school, hospital, government or similar type institution. 431 KING of KINGS LUT1-RERAN CHURCH Institutional signs 4k Content -Based Sign Can have Content -based sign standards but courts will apply "strict scrutiny" to see if there is a compelling government interest in regulating that type of sign Content -Neutral Projecting sign means a sign which is affixed to a building or wall in such a manner that is leading edge extends more than one foot beyond the surface of such building or wall face. 1 F. Ilia RIO II rl m nu y qui ROYW000S.. o $ s , . TO • i �1 .y Content -Neutral Signs • Can have Content -neutral sign standards but: • The regulation must be narrowly tailored and serve a significant (not compelling) government interest; and • Cannot favor Commercial over Non -Commercial Speech First Amendment Commercial Speech Non -Commercial Speech Commercial Speech Commercial Speech means any speech promoting a business, profession, commodity, service or entertainment. Commercial Signs Non -Commercial Speech Non-commercial speech means the dissemination of messages not classified as commercial speech that include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. ONLY tka: GAN PR11 ENT maIJFfRES, KEEP CALM AND WASH YOUR HANDS • Non -Commercial Speech Non - Commercial Signs Minn. Stat. 211B.045. Noncommercial Signs Exemption. • All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. • Municipal ordinances may regulate the size and number of noncommercial signs at other times. • General Rule Signs can safely regulate • Time • Place • Manner NOT CONTENT Electronic Message Centers Electronic Message Center means a portion of a freestanding sign that is capable of displaying words, symbols, figures or images that electronically change by remote or automatic means. -! ai I t 1 4 Electronic Message Center Electronic Message Centers PA, PROS or BP-C Zoning Districts shown in dark gray along Highway 36 Arecighired Prowl Tg44.w01 - Ut. Lalwahipe - CTR. Give r..ororee - CM Carr. C.w t1w - cTM.tc«. Timerehe - M Toefrorwo - mai -S- o+na - Nog •..qr Draft Pa. vc. rasp cw..t.r - COO • Orris wn.+... -ONO. w..rPeet •4 =I SONO. gralMINSOM• rt,Oteira..Pan •rn - r1•Mawr lya r.. - ato•c.ryww....4 - M . q.« A.»..rw -.woo • park w.urao ga "Aft utter VOW* *ow 1T 1 sign per property (or 1 per multi -tenant building) Must be on a free-standing sign (but not more than 50% of it) Display cannot change more than once every 20 seconds Automatic dimming required or cannot exceed .3 foot-candles at 71 ft Must be located on the property it is promoting Institutional Signs Current: Institutions can have 32 sq. ft. as a "bulletin board" in an Residential district (not allowed in PA or PROS) V In Residential district — wall sign or free-standing sign (not electronic) In the PA and PROS — wall, freestanding and may include electronic message center but not if within sight line of a residential dwelling OTHER CHANGES • Moved all definitions to definition section of zoning ordinance, modified as needed • Included a purpose statement (not trying to regulate content) • Added a Substitution Clause —a substitution clause provides that for every commercial sign allowed, any noncommercial message could be legally substituted. Substitution clauses help protect against allegations of discrimination (based on content) because they always allow a noncommercial message on any sign. • General structural reorganization for consistency • Added a nifty table F PP MINNESOIA CITY COUNCIL MEMO MEETING DATE: April 7, 2020 REGARDING: Aiple Park Plan Update PREPARED BY: Abbi Jo Wittman, City Planner The City has concluded its first round of public engagement and stakeholder feedback for the [North] Aiple Park plan update. Attached is a one -page analysis of public input gathered. Public input has revealed that there is a strong public want to use the park for both passive recreation and paddle sports. Improvement of the beach -area also ranked high on the list. Other potential improvements that the public found not important are gardens, birding, art and more. Parks Commission member feedback highlights ADA accessibility, sheltered picnicking, as well as a connection to the Brown's Creek Trail. The public input survey has also shed light on the public's opinion regarding the reuse of the existing building, and a large portion of people said that preserving this structure is "not important". However, when staff met with stakeholders there was significant discussion regarding the desire for a structure onsite. The primary purpose would be to help administer environmental education programs, especially for (approximately) 6,000 people served annually by NPS/St. Croix River Association's youth education partnership. If public education partnerships the can be administered onsite, it is worthy to include in the plan. Staff has directed the consultant to look into (even partial) building reuse and the transfer of existing structure/impervious coverages for site -specific uses, including but not limited to sheltered picnicking, accessible parking and trails, and potential bus turnaround. It was anticipated the City would have the final plan available for the public to view onsite in May. In light of current conditions, we are exploring alternatives to the 'open park' concept. That said, since public input and feedback has been solicited bother during the concept plan development and concept plan review phases, it could be determined that final plan review could occur electronically. Staff will update the Council as the plan progresses, if there are significant changes to the concept plan, or if direction is needed on specific site improvements. What improvement would you most like to see at North Aiple Park? Response Tags from March 13 Survey Export Passive Recreation Paddle Sports Beach Fishing Restoration Education Restore Trout Pond Accessible Preserve Rowing Pedestrian Safety mm Commercial mm Nature Play mm Parking mm Winter Recreation - Active Recreation - Art - Birding - Boating - Gardens - Screening - Trailhegd 1 1 I I I I I 0 5 10 15 20 25 30 35 40 How important is preservation and reuse of the existing building? March 13 Survey Export Very Important Somewhat Important Neutral Not Important F B IPTN PI Af: F OE MINN E SO I CITY COUNCIL MEMO MEETING DATE: April 7, 2020 REGARDING: HPC Ordinance Update Consultant Evaluation Report PREPARED BY: Abbi Jo Wittman, City Planner Enclosed is a portion of an evaluation report of the City's preservation ordinances, submitted by the City's consulting firm HKGi and Landscape Research. The intent of this evaluation report section is to provide a description of the high-level ordinance improvement recommendations. The second section of the report, which will be used to guide new ordinance development, focuses on a detailed evaluation of all applicable current HPC/design review ordinances. This is being provided to the Council as an FYI. It will serve as reference as staff works with the consultant on ordinance amendments. Staff may bring this document back to the Council if there are policy -related questions the consultant and staff need direction from the Council. Stillwater HPC Ordinances Evaluation Report Stillwater, MN April 2020 Introduction In December 2019, the HKGi and Landscape Research consultant team was contracted by the City of Stillwater for the project to update the Stillwater Heritage Preservation Commission (HPC) enabling ordinance and associated sections of the Code of Ordinances that pertain to HPC activities. This project is an implementation of the City's recently updated and adopted 2040 Comprehensive Plan, specifically relating to the Historic Resources chapter. The City's current HPC/design review ordinances are spread across four chapters of the Code of Ordinances, including: • City Administration (Chapter 22), Heritage Preservation Commission (Sec. 22-7) • Zoning Ordinance (Chapter 31) • Building Demolition (Chapter 34) • Licenses, Permits and Prohibitions (Chapter 41), Seasonal Outdoor Sales (Sec. 41-7) As an initial project task, the consultant team completed an evaluation of the City's HPC Ordinance [Sec. 22-7] and the other associated HPC/design review sections of the Code of Ordinances. As part of this effort, the consultant team also evaluated relevant plans, studies, design guidelines, and maps related to heritage preservation and/or design review, such as individual sets of district design guidelines (Commercial Historic District, Neighborhood Conservation District, West Stillwater Business Park, Residential Design Guidelines), the 2040 Comprehensive Plan, 1993 Stillwater Historic Contexts Study, and 2006 Designating Historic Homes and Districts Study. High Level Recommendations for Ordinance Improvements The project consultant team identified the following high level recommendations for improving the HPC Ordinance and associated sections of the Code of Ordinances related to HPC/design review regulations: 1. Implement the 2040 Comprehensive Plan goals, objectives, and policies. Three out of the seven objectives, and their supporting policies, in the Historic Resources chapter (Objectives 2, 3 and 4) address the City's HPC and zoning ordinances. These objectives and policies provide high-level guidance for the roles of the HPC, heritage preservation/design review ordinances, and design guidelines in achieving heritage preservation. A primary goal of this project is to use these objectives and policies to improve the HPC related ordinances. Objective 2: Continue to identify, examine, and evaluate historic resources with historic contexts and historic designation. Objective 2's policies focus on the HPC's roles in the local designation and review of historic resources. The City's HPC ordinance is primarily intended for preservation of designated historic buildings, sites, and districts. However, the Stillwater Commercial Historic District, which is listed in the National Register of Historic Places (NRHP), is the City's only locally designated historic district. None of the City's other 14 NRHP-listed properties have been locally designated. In order to better achieve the community's heritage preservation goals, objectives and policies, the City should increase its efforts to locally designate historic resources. Objective 3: Continue to preserve and maintain historic resources, and encourage adaptive reuse. Objective 3's policies are focused on needed improvements to the City's HPC ordinance, zoning ordinances, and design guidelines to eliminate inconsistencies between these regulations, clarify roles and responsibilities, simplify design review standards and procedures, refine existing design guidelines, and bolster demolition and interim protection regulations. In addition, Policy 5 identifies the need to evaluate the current Commercial Historic District for potential expansion of its boundary. The City should improve all of its HPC related ordinances to better organize, clarify, and simplify them. Objective 4: Incorporate Stillwater's cultural and heritage preservation goals in all city department initiatives, policies and practices. Objective 4's policies identify the needs for integrating and strengthening the HPC and zoning ordinances within the City's departments, including provision of adequate staff capacity for implementing the ordinances. The City's update of HPC/design review ordinances should consider and clarify roles/responsibilities between the HPC, staff, other elected/appointed bodies, including the potential need for outside professional services for larger efforts such as local designation studies. 2. Update the ordinances to support a balance between the HPC's roles as a preservation -based policy setting body and a design review body. The HPC ordinance identifies important HPC responsibilities, such as local designation of heritage preservation sites, establishment of "preservation programs" for heritage preservation sites, and design review procedures. Preservation programs are defined as ordinance standards or design guidelines for individual historic buildings/sites that are used to evaluate alteration proposals/applications, however no specific preservation programs have ever been established in Stillwater. These HPC responsibilities are about policy setting, whereby the HPC provides clear direction on site designations, standards, and procedures that are necessary for preserving the community's historic resources. Today, the HPC functions primarily as a design review body for site alteration and design review permits. The types of development projects reviewed by the HPC have broadened over time, particularly as a result of the HPC's role as the City's design review committee, to include designated historic properties (Commercial Historic District), other historic areas, and non- historic areas. The HPC's involvement in reviewing projects that are not related to historic preservation is not typical for HPCs and has resulted in less attention to preservation -based policy setting efforts in Stillwater (e.g. locally designated buildings/districts). The City should consider improving the HPC related ordinances to strengthen the HPC's focus on preservation - based policy setting and design review, including lessening HPC involvement in design review in non -historic areas. 3. Clarify and reorganize HPC/design review related regulations between the HPC Ordinance (Section 22-7) and other sections of the Code of Ordinances. Currently HPC related responsibilities, standards, and procedures are scattered across many different sections of the City Code, which results in conflicting, inconsistent, redundant, and confusing heritage preservation regulations. The HPC's role as the City's design review committee for proposals and applications not related to heritage preservation has also resulted in a complex and disconnected system of HPC related ordinances. The City should update these ordinances to improve their delineation, organization, cross-references, and ease of use for all (elected/appointed official, staff, property owners, developers, the general public). 4. Clean up "design review" language and references across all ordinance sections, clearly identifying HPC vs. administrative review actions. Design review is addressed in numerous ways in both the HPC Ordinance and other sections of the Code of Ordinances. The design review term is overused, resulting in language and references that are confusing, e.g. design review vs. design review permit vs. design permit vs. site alteration permit vs. permits. The City's current practice is for the HPC to function as the design review committee for any proposal/application involving design review, including those not related to heritage preservation. In some cases, it is unclear when a design review proposal/application requires HPC approval vs. administrative (staff) review. The City should clarify historic design review from non -historic design review requirements, applicable design standards/guidelines, and HPC vs. administrative review needs. 5. Convert applicable design guidelines to codified zoning standards to simplify review procedures. The City has several sets of design guidelines in place for specific design review districts, which were developed individually over the past thirty years. While four sets of design guidelines have been formally adopted, only three are currently in frequent use. Residential design guidelines were developed but have not been considered for adoption by the City. In addition, design standards/guidelines are scattered across various zoning districts and specific uses in the Zoning Ordinance. These design standards/guidelines generally have not been updated over time. Quality, in terms of clarity, consistency, format and overall usability, varies across the guidelines. A broad evaluation of all of the design guidelines is needed to identify and address these issues and will be the focus of a subsequent project. The City should consider whether some design guidelines could be converted to clear standards in the HPC and/or Zoning Ordinances. 6. Clarify and update the Preservation Program regulations in the HPC Ordinance. The HPC Ordinance's Preservation Program sub -section states that an approved preservation program shall be in place for each heritage preservation site to provide guidance for rehabilitation of designated sites. However, the ordinance does not describe what a preservation program consists of and the City currently does not have any preservation programs in place. The Preservation Program sub -section also includes a set of general guidelines/standards for evaluating site alteration permits that are similar to the Secretary of the Interior Standards for Rehabilitation. Refer to Sec. 22-7, Subd. 6 in the Detailed Evaluation of Current Ordinances section. The City should recognize that establishing individual preservation programs for individual buildings/districts is a significant effort and the City's current resources are inadequate for developing them. The City should therefore determine how to update the Preservation Program regulation to ensure that it is not a barrier to pursuing additional local designations of historic buildings/districts. 7. Evaluate the potential for establishing zoning overlay districts vs. historic districts. The City's established local historic and conservation districts are different from zoning districts. While a zoning district contains required standards, which are typically measurable and objective, historic and conservation districts are typically regulated by advisory standards or design guidelines. Design review in the currently designated Commercial Historic District is guided by general standards in the HPC Ordinance and as specified in the Design Manual for the Commercial Historic District (2006). The City should consider the potential for some potential local historic districts to become zoning districts, which could provide a tool for establishing more specific standards. This approach could provide more clarity, predictability, and objectivity within the design review process. 8. Clarify the connection between the HPC Ordinance and the Building Demolition Ordinance, including potential interim protection regulations. The City's HPC Ordinance currently does not contain any references to the Building Demolition Ordinance. However, the Building Demolition Ordinance contains substantial heritage preservation language and references to the HPC Ordinance. In September 2019, the City Council adopted a moratorium on issuance of building demolition permits for buildings or structures that are historically significant or potentially historic buildings or structures determined to be historic resources. The City has up to one year to amend its Building Demolition Ordinance, an effort led by City staff. The City should incorporate the final Building Demolition Ordinance amendment into the final amendments to the HPC Ordinance and Zoning Ordinance. As recommended in the 2040 Comprehensive Plan, the City should also consider stronger interim protection regulations as part of its HPC Ordinance and Building Demolition Ordinance amendments. Interim protection provides protection from destruction or alteration for properties not yet designated, but where the commission recommends a designation study. Page 1 LIST OF BILLS Able Hose & Rubber Inc. Action Rental Inc. Advance Auto Parts Advanced Graphix Inc. Air Down There Ancom Communication Inc. Aspen Mills Beacon Athletics Berwald Kathleen BHE Community Solar Blue Tarp Financial Board of Water Commissioners Braden Construction Inc. Brueghel Judith Campus Labs CBL Floors CDW Government Inc. CenturyLink Century Power Equipment Cintas Corporation Cole Papers Collaborative Design Group Inc. Commander Project LLC Computer Integration Technologies Coverall of the Twin Cities Crysteel Truck Equip Dalco Darlings Sales & Service Company Dell Marketing L.P. ECM Publishers Ecolab Edwards Amanda Emergency Automotive Emergency Medical Products FleetPride Fleischhaker Dave Goodyear Commercial Tire Grainger Granicus Inc Guardian Supply Hansen Steve Hawk Labeling System Heritage Printing Inc. Holiday Companies I/O Solutions Inc. Supplies Lift rental Equipment repair supplies SCBA tank patches Equipment Headset & batteries Uniforms & Supplies Supplies Reimburse for router - COVID-19 Solar Energy Equipment repair supplies WAC Charges City Hall Project Reimburse for hand sanitizer - COVID-19 Feedback systems Carpet COVID-19 supplies Telephone Equipment repair supplies Uniforms & Mat Cleaning COVID-19 supplies Lowell Park Pavilion & Levee Wall Refund of liquor license Heirloom & Landmark Website Commercial cleaning services Feb 1-22 Equipment repair supplies Janitorial & COVID-19 supplies Gear dryer Extra laptops - COVID-19 Publications Supplies Utility Billing Refund Marked patrol vehicle leases Supplies - COVID-19 Equipment repair supplies Reimburse for work boots Tires Supplies Website upgrade Uniforms & Supplies Reimburse for COVID-19 supplies & equipment Fire Supplies Crime Alert door hangers Vehicle washes NFSI - T4 293.03 432.00 379.35 315.00 1,216.99 1,133.00 831.22 876.48 321.36 4,657.92 99.55 9,108.00 16, 644.07 22.00 500.00 3,944.00 756.99 482.01 15.71 808.64 324.86 4,170.63 2,278.13 951.25 405.00 573.28 3,127.83 11,495.00 3,167.44 80.75 57.95 138.30 12,516.52 142.45 40.29 160.00 139.97 2,241.13 7,140.00 3,454.41 825.22 141.10 206.50 365.00 62.00 Page 2 IAPE IDC Auotmatic Jefferson Fire and Safety Inc. Kirvida Fire Inc. L.T.G. Power League of MN Cities Ins Tr Lemoine Chyrisse LeVander Gillen Miller PA Loffler Companies Loucks Associates MacQueen Equipment Inc. Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Middle St Croix Watershed WMO MK Mechanical Inc MN Dept of Ag MN Dept of Driver & Vehicle Services DPS MN Dept of Labor and Industry Modern Heating & Air MSP Outdoor Services Inc Municipal Emergency Services My Alarm Center NAPA Auto Parts Newman Signs Northland Graphics Now I Lay Me Down To Sleep Office Depot O'Reilly Auto Parts Overhead Door Co Performance Plus LLC Post Board Primary Products Co. Quadient Leasing Quill Corporation Rehn Code Consulting Services Robole Donna Run Stillwater Inc Safe Fast Inc Sharp Auto Parts LLC Simplifile LC SRF Consulting Group St. Croix Boat and Packet Co. Stillwater Motor Company Streichers Summit Companies New member video class Garage doors Fire Equipment & Turnout Gear Vehicle service Equipment repair supplies Quarterly Municipality Insurance Reimburse for food for reserves Legal Professional Services VMware Curve Crest Lakeview Feasibility Piranha segment Fuel Disconnect electrical panel Lowell Park stage General and COVID-19 Supplies Monthly SAC Watershed Management payment Heater repair Cleanup Costs Forfeiture 2012 Harley Davidson Roadglide Quarterly Surcharge Building repair charges Snow removal 2500 Orleans St Fire Gloves Alarm monitoring Equipment repair supplies Sheeting Date stamp - finance Security deposit refund Office Supplies Equipment repair supplies Annual preventive maint Respirator review Membership Purple Nitrile gloves Folding Machine Lease Office & Covid-19 Supplies Plan review Reimburse for Wellness Program expenses Refund - Stillwater Half Marathon canceled Covid-19 supplies Ford pickup front door Filing fee - CPC ADA Transition Plan Ramp cleaning Fenders Training Equipment repair charges & Inspection 75.00 11,555.00 17,528.95 1,936.18 104.95 3,154.00 40.00 12,473.98 1,422.00 720.00 472.96 7,908.75 307.00 896.12 19,681.20 21,969.35 1,039.00 107.68 25.00 3,171.07 1,541.00 300.00 232.00 422.52 130.48 738.00 41.95 1,000.00 1,484.23 43.38 1,275.00 750.00 720.00 475.85 1,174.05 27.13 949.50 64.95 100.00 1,263.56 450.00 100.00 1,534.06 810.00 919.83 263.62 630.00 Page 3 Tablet Command Inc Team Viewer Germany GmbH Titan Machinery Shakopee Tri-State Bobcat Uline Inc Verizon VSA Inc Washington County Property Taxes Washington County Public Safety Radio Winnick Supply Wittman Abbi Jo Ziegler Inc. REC CENTER AE2S Construction (EIM) AT&T Mobility Becker Arena Products Cintas Corporation Comcast Ebert Construction Heritage Printing Inc. Holiday Credit Office Mavo Systems Inc Menards St. Croix Boat and Packet Co. Uline Inc LIBRARY Amazon Business Brodart Co Card Source Cintas Corporation Cole Papers Davila Rachelle Friends of the Stillwater Public Library Grainger Loffler Companies Menards Midwest Tape Office of MN IT Services One23 Events LLC Overhead Door Co Petrie Angela Textile Center Uline Inc Tablet Command Subscription Remote support software - COVID-19 Equipment repair supplies Equipment repair supplies Supplies - Covid-19 Wireless Services DataVideo Taxes on Newly Acquired Property 800 Radio user fees Equipment repair supplies Reimburse for expenses Equipment repair supplies Dome Project Cell phone Vinyl Mat cleaning service TV Internet & Voice Dome Project Hockey Printing Fuel Clean supply duct for RTU Equipment repair supplies Arena Billing Lanyards Materials Materials Library Cards Towels & Rugs Janitorial Supplies Refund due to COVID Friends Reimbursement Toilet Repair Supplies Printer/Copier Contract19 Janitorial Supplies Materials Phone - Feb 2020 March 2020 Monthly Fee Parking Ramp Exit Gate PLA Conference -Petrie Programs - Adult (235 Anon) Nitrile Gloves (COVID-19) 5,000.00 1,069.20 631.06 325.67 933.00 2,931.07 1,215.00 166.00 9,901.98 208.68 10.00 513.42 618.45 67.13 272.43 103.00 447.23 24,285.95 1,891.20 45.51 4,730.00 301.50 122,616.78 138.50 124.88 6,520.53 530.45 75.04 131.74 330.00 114.00 488.49 639.64 43.70 590.52 143.70 2,000.00 1,797.00 979.14 325.00 72.89 Page 4 ADDENDUM AMI Consulting Batteries Plus Cameron Leigh DCA Title ECM Publishers Gopher State One Call Guardian Supply Hoisington Koegler Group Kelly & Lemmons Kwik Trip Menards Metropolitan Council Miller Excavating Office Depot Onsite Companies Quill River Valley Printing Springbrook Software Thomson Reuters Universal Athletic Washington County Sheriffs Office Watermark Title Xcel Energy Credit Card Returns Casey Constance Renewal by Anderson Richardson Andrea Scheunemann Josie Sunny Hill Preschool White Tracee Adopted by the City Council this 7th day of April, 2020 Ted Kozlowski, Mayor City of Stillwater Riverbank Stabilization Batteries Reimburse for mileage Title Commitment Fee Publications Locates Uniforms Professional Services Professional Services Fuel Supplies Wastewater Charge Street sweepings Supplies Portable Toilets Office supplies Business Cards Monthly UB Web Payments Information Charges Volleyball & Tennis Nets Mobile Field Force Trailer Utility Billing Refund Energy Park Fee Refund Refund of Permit Canceled Park Fee Refund Park Fee Refund Park Fee Refund Park Fee Refund 5,395.00 38.28 11.60 1,725.00 28.50 175.50 134.99 5,068.75 8,333.00 26.69 180.49 166,640.34 715.20 115.05 527.00 17.16 98.00 179.00 146.20 821.03 154.00 22.43 33,182.66 135.00 152.74 185.00 150.00 100.00 295.00 TOTAL 637,154.72 REVISED ORDINANCE 1139 AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SEC. 23, FIRE DEPARTMENT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. Chapter 23 of the Stillwater City Code, wherein all references to Uniform Fire Code should be changed to Minnesota State Fire Code. 2. Amending. Chapter 23-1, Subd. 6(1) of the Stillwater City Code to hereafter read as follows: (1) A permit issued by the fire chief or an authorized party is required before a tank may be installed, modified or removed The fee for each tank permit shall be in accordance with the fee schedule adopted by the City Council, from time to time, by separate resolution. 3. Amending. Chapter 23-1, Subd. 7, of the Stillwater City Code, shall be deleted in its entirety and shall hereafter read as follows: "Subd. 7 Amendments adopted by the Minnesota State Fire Code. The Minnesota State Fire Code, as it is adopted from time to time, shall be incorporated herein, including but not limited to: (1) Appendix B - Fire Flow Requirements (2) Appendix C - Fire Hydrant location and Distribution (3) Appendix D - Fire Apparatus Access Roads (4) Appendix 0 - Fires or Barbecues on Balconies and Patios (5) Appendix P - Emergency Responder Radio Coverage" 4. 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 Fire Department chapter of the City Code to reflect the current Minnesota State Fire Code and to perpetually include the most current editions, as amended from time to time, including optional appendixes. 5. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 6. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council this 7th day of April, 2020. CITY OF STILLWATER /s/ Ted Kozlowski Ted Kozlowski, Mayor ATTEST: /s/ Beth Wolf Beth Wolf, City Clerk REVISED ORDINANCE 1141 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 33-1, ADOPTING THE STATE BUILDING CODE AND FIRE CODE TO PERPETUALLY INCLUDE THEIR MOST CURRENT EDITIONS, AS AMENDED FROM TIME TO TIME, INCLUDING OPTIONAL APPENDIX CHAPTERS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. Chapter 33-1, Subd. 1-5, of the Stillwater City Code to read as follows: Subd 1: Codes by Reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry, pursuant to Minnesota Statutes Chapter 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein (the "MN State Building Code"). Subd. 2. Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes §326B, Subd. 2(d), when so established by this ordinance. The code enforcement agency is the City of Stillwater. This code shall be enforced by the Minnesota Certified Building Official, employed by the City, to administer the code in accordance with Minn. Stat. §326B.133, Subd. 1. Subd. 3. Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Rules Chapter 1300. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City Council by separate resolution, from time to time. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minn. Stat. §326B.148Subd. 4. Violations and penalties. A violation of the code is a misdemeanor (Minn. Stat. §326B.082, Subd. 16). Subd. 5. Building Code Optional Chapters. The following optional chapters, and any amendments thereafter, are hereby adopted and incorporated as part of the State Building Code for the City of Stillwater: 1 i. Chapter 1306, Special Fire Protection Systems, 1306.0020, subp. 2, existing and new buildings; Appendix B Fire Flow Requirements Appendix C Fire Hydrant location and Distribution Appendix D Fire Apparatus Access Roads Appendix 0 Fires or Barbecues on Balconies and Patios Appendix P Emergency Responder Radio Coverage ii. International Building Code, Appendix Chapter J (Grading). See Chapter 1300. 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. 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 State Building Code and Fire Code chapters of the City Code to reflect the current Minnesota State Building Code and to perpetually include the most current editions, as amended from time to time, including optional appendixes. 4. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council this 7th day of April, 2020. CITY OF STILLWATER /s/ Ted Kozlowski ATTEST: /s/ Beth Wolf Beth Wolf, City Clerk Ted Kozlowski, Mayor Page 2 of 2 ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-101 REGARDING ZONING DEFINITIONS, AMENDING CHAPTER 31-509 REGARDING SIGN REGULATIONS, AND ENACTING CHAPTER 31-505, SUBD. 3 REGARDING GARAGE SALE SIGNAGE The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the Zoning Definitions is hereby amended by adding the following definitions, which shall be incorporated alphabetically, and the entire section renumbered accordingly: Sec. 31-101. — Definitions. Abandoned sign means any sign and/or its supporting sign structure and appurtenances which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Sign applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered abandoned for a period of up to one (1) year, after which time, it must be removed. Awning means a roof -like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be considered an awning. Building sign means any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. Commercial speech means any speech promoting a business, profession, commodity, service, or entertainment. Commercial sign means any sign that promotes or identifies a product, business, service, entertainment, or any other matter of a commercial nature. Digital sign. See definition of Electronic Message Center. Directory sign means a sign used to guide pedestrians, but not vehicles, to individual businesses within a multitenant commercial area that is placed on the site of the development and may be erected only in internal pedestrian access areas. 1 Electronic Message Center means a portion of a freestanding sign that is capable of displaying words, symbols, figures or images that electronically change by remote or automatic means. Footcandle means a measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot. Garage sale sign means a temporary sign promoting a garage or rummage sale. Institutional Sign means a sign identifying a church, school, hospital, government or similar type institution. Marquee means any permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Monument sign means a sign not supported by exposed posts or poles which is architecturally designed and located directly at grade with a base at least as wide as the sign. Multitenant master sign means an on -premise sign identifying multiple tenants in a single building. Non-commercial sign means a sign for a non-commercial expression not related to the promotion of any product or service or the identification of any business. Non-commercial speech means the dissemination of messages not classified as commercial speech that include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Non -Electronic Message Center means a sign or portion thereof that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device, that may be changed or re -arranged manually or mechanically with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Off -Premises sign means a sign normally used for promoting an interest other than that of a business, individual, products, or services available on the premises where the sign is located. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the Zoning Definitions is hereby amended by revising the following definitions to read as: Billboard means a non -accessory sign erected for the purpose of promoting a product, event, person or subject not usually related to the premises on which the sign is located. Building sign plan means an illustration that shows size, location, materials and lighting for all signs on a building or group of related buildings. Construction sign means a temporary sign at a construction site identifying the project. 2 Freestanding sign means any sign which has supporting framework that is placed on or anchored in the ground and which is independent from any building or other structure. Historic sign means a sign that is of historical significance or that is an historic resource within the meaning of Minn. Stat. Ch. 116B. Illuminated sign means any sign that contains an element designed to emanate artificial light internally or externally. Marquee sign means any building sign painted, mounted, constructed or attached in any manner, on a marquee. Portable sign means a sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed, and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. Projecting sign means a sign which is affixed to a building or wall in such a manner that its leading edge extends more than one (1) foot beyond the surface of such building or wall face. Public sign means a sign usually erected and maintained by a public agency that provides the public with information and in no way relates to a commercial activity. Examples of public signs include, but are not limited to, speed limit signs, stop signs, city limit signs, street name signs, directional signs, and historic points of interest. Real estate development sign means a sign intended to sell or promote a development project. Real estate sign means a sign placed upon a property to promote that property for sale, rent or lease. Roof sign means a sign erected and constructed wholly or in part on or above the parapet or eave line of a building. Sign means a letter, work or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, promotion, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for information or communicative purposes. Sign structure means the structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Wall sign means a building sign attached parallel to, but within one (1) foot of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. 3 Window sign means a building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes of glass and is visible from the exterior of the window. SECTION 3. REPEAL AND REPLACE. Stillwater City Code Chapter 31-509 relating to the Sign Regulations is hereby repealed and replaced as follows: Sec. 31-509. — Sign regulations. Subd. 1. Findings. As a historic community, this city is unique. The proper control of signs is of particular importance because of this historical quality and uniqueness. The city's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community. Further, the city finds: (a) Exterior signs have a substantial impact on the character and quality of the environment. (b) Signs provide an important medium through which individuals may convey a variety of messages. (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 2. Purpose. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety, and welfare. (b) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community. (c) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics. (d) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city. 4 Subd. 3. Severability. If any section, subsection, sentence, clause, or phrase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The City Council hereby declares that it would have adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses, or phrases be declared invalid. Subd. 4. Substitution Clause. Signs containing non-commercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs. Any sign containing commercial speech may substitute non-commercial speech; any sign containing non-commercial speech may substitute commercial speech or other non- commercial speech; any sign containing commercial speech may substitute other commercial speech. This substitution of speech may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non- commercial message. This provision prevails over any more specific provision to the contrary. Subd. S. Permit Required. (a) Unless exempted pursuant to Subdivision 7, no person shall erect, alter, reconstruct, maintain or move a sign in the city without first obtaining a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. An application for a permit may be obtained from the community development director or designee. The application must be accompanied by the required fee and must contain the following information: (1) Street address or location of the property on which the sign is to be located along with the name and signature of the owner of the building; (2) Name, address and signature of the owner of the sign; (3) Name, address and phone number of the sign installation contractor; (4) The type of sign as defined in this ordinance; (5) A complete set of plans and scaled drawings showing the materials, design, dimensions, structural supports, method of attachment, internal and external lighting and electrical components of the sign; (6) A site plan showing the location of the proposed sign with dimensions to all adjacent lot lines; (7) An approved building sign plan, if there is more than one business or use in a building; (8) Certification by applicant indicating the application complies with all requirements of the sign code. 5 (b) The community development director or designee shall approve or deny the sign permit within sixty (60) days following receipt of the completed application, including applicable fee. A decision must be made in writing and must be mailed or electronically delivered to the applicant at the address or email address provided in the application. If the permit is denied, the reason must be stated in writing and describe the applicant's appeal rights under Section 31-217 and must be sent by certified mail to the applicant. Subd. 6. General Provisions. (a) The following provisions apply to signs located in all zoning districts: (1) All signs must comply with any applicable design guidelines and neighborhood plans adopted by the City of Stillwater and must meet all the size, location and height standards as required in Section 31-509. (2) Repairs. Any sign located in the city which may now be or become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions in this section, shall be removed or otherwise properly secured in accordance with the terms of this ordinance by the property owners, business owners or by the owners of the grounds on which the sign stands, upon receipt of proper notice to do so, given by the community development director or designee. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this ordinance and upon a permit issued by the community development director or designee. (3) Electrical Signs. Electrical signs must be installed in accordance with the current state electrical code. (4) Placement. (5) i. No sign or sign structure may be erected or maintained if it prevents free ingress or egress from any door, window or fire escape. No sign may be attached to a standpipe or fire escape. ii. A sign must not be erected, positioned, or maintained so as to obstruct the architectural features of a building. iii. All signs must be compatible with the building and neighborhood where located, including any approved building sign plan. Temporary Signs. The use of banners, pennants and similar devices for commercial, industrial and institutional uses shall be subject to the following provisions: i. Temporary signs shall require a permit that shall be valid for no more than thirty (30) days. 6 ii. Not more than one (1) temporary sign shall be displayed upon a property at any one time. iii. Not more than three (3) temporary sign permits, or up to three (3) temporary signs for a total of not more than ninety (90) days, shall be issued during any calendar year. iv. The size of a temporary sign shall not exceed the maximum size allowed for a similar type of permanent sign allowed on the property. v. Free-standing or movable temporary signs shall adhere to any setbacks required for similar permanent signage on the property. vi. The temporary sign shall be in harmony, as determined by the community development director or designee, with the surrounding properties and the neighborhood in which it will be displayed. vii. Notwithstanding the foregoing, temporary signs that do not conform to the requirements of this section may be approved by the City Council as part of an event permit, however, all temporary signs must be removed within two (2) days after the event. (6) Maintenance. All signs must be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten (10) feet must be neatly trimmed and free of weeds. Rubbish or debris under or near the sign must be removed. (7) Signs on Public Property or Right -of -Way. i. Except for public signs, signs approved by the City Council pursuant to an event permit, and signs allowed by encroachment agreement, no signs may be erected or temporarily placed within any right-of-way, upon public lands or easements without approval from the community development director or designee. ii. The city may at any time and without notice remove signs which have been installed on public property or within public right-of-way or easement without approval. The sign owner may retrieve the signs: from a designated impound area at the city within fifteen (15) days from the date of removal. After fifteen (15) days, the city will dispose of the sign. The city shall not be liable for any damage to removed signs. iii. The city may grant a permit to locate temporary signs or decorations on, over or within the right-of-way. (8) (9) Flags. Non -Commercial flags may be displayed in accordance with state and federal law. No more than three (3) non-commercial flags may be displayed outside of a building. Historic sign. The requirements of size, location and height in Section 31-509 may be waived by the City Council if the sign is an historic resource or if the sign is a reproduction of an historic sign. (10) Graphic design signs. Graphic design signs require a conditional use permit. (11) Table 1 identifies where various types of signs are allowed and whether the sign is required to have a permit: TABLE 1 Res. Fi Sign type Notes Districts CA CBD Public sign Integral sign 'See Sec 31-509, Subd 7(a) A A A See Sec 31-509, Subd 7(a) A A A VC BP-C A A A A Noncommercial signs Size limit: 6 sf, 4 ft tall; See Sec A 31-509, Subd 7(b)(2) Noncommercial signs Noncommercial sign Holiday sign Construction sign Real estate sign Nameplate sign: 1-5 Unit Bldg. Nameplate sign:> 6 Unit Bldg. Real estate development project sign Window sign Garage sale sign Temporary real estate "open house" sigr Wall sign I. Roof sign Freestanding sign Billboard Marquee sign Multitenant master sign Directory sign Electronic message center Institutional sign A N N N BP-0 A A N BP -I A A N CRD A A PA A A N 35 sf size limit; See Sec 31-509, Subd 7(b)(2) During exemption period; See Sec 31-509, Subd 7(b)(1) Not exceeding 60 days A See Sec 31-509, Subd 7(c) A See Sec 31-509, Subd 7(d) A 2 sf, See Sec 31-509, Subd 7(e) A N N A A A A A A PWFD PROS A A u N A A A A N A A A A A A A A A 6 sf; See Sec 31-509, Subd 7(e) A See Sec 31-509, Subd 7(d)(3) A See Sec 31-509, Subd 7(f) A See Sec 31-505, Subd 3 A See Sec 31-509, Subd 7(d)(2) A See Sec 31-509, Subd 9(a)(2); Subd 9(b)(2); Subd 9(c)(2); Subd N 9(d)(3); Subd 9(e)(2) See Sec 31-509, Subd 8(h) N See Sec 31-509, Subd 9(a)(3); Subd 9(b)(3); Subd 9(c)(3); Subd N 9(d)(4); Subd 9(e)(3) See Sec 31-509, Subd 8(e) N See Sec 31-509, Subd 9(a)(4); Subd 9(b)(4); Subd 9(d)(5) See Sec 31-509, Subd 9(a)(6); Subd 9(d)(7) N N See Sec 31-509, Subd 9(a)(5) See Sec 31-509, Subd 9(b)(4); Subd 9(d)(5) N A A A A A A A A A A A A A A N N A N See Sec 31-509, Subd. 9(b)(5); Subd 9(d)(6) N A A A A A A A A N A N A A A A A A A N A N A A A A A A N A N A A A A A A A N A N A A A A A A N A N A A A A A A A A A A A A A A A A N N A A N N A A A A A A A A N _ A N N N P P P N N N N NNP PP P N See Sec 31-509, Subd 10 N See Sec 31-509, Subd 11 See Sec 31-509, Subd 13 N IV N N NNPPPP N NN P NNN P N N P P P P P P A = Allowed without permit P = Permit required N= Not allowed 8 Subd. 7. Exemptions. The following signs shall not require a permit and are allowed in every zoning district. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection, maintenance and compliance with the other provisions of Section 31-509 or any other law or ordinance regulating the same. (a) Public signs and integral signs. (b) Non -Commercial Signs. (1) In any general election year, all non-commercial signs are exempt from regulation and may be posted in any size or in any number beginning 46 days before the state primary in a state general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. (2) A non-commercial sign outside the exemption period outlined in Subdivision 7(b)(1) of 31-509, is regulated as follows: i. Residential and CA districts: the maximum sign size is six (6) square feet in area with a maximum height of four (4) feet. ii. All other districts: the maximum size is thirty-five (35) square feet in area. (c) Construction signs. A construction sign must be confined to the construction site and must be removed within two (2) years of the date of issuance of the first building permit or upon completion of the project, whichever occurs first. One construction sign is permitted for each street the project abuts. No sign may exceed thirty-two (32) square feet in multifamily residential, commercial and industrial districts and twelve (12) square feet in single-family residential districts. (d) Real estate signs. (1) A real estate sign is limited to up to six (6) square feet in residential districts and up to thirty-two (32) square feet in commercial districts. A real estate sign must be removed within ten (10) days after sale or rental of property. (2) Temporary real estate "open house" signs, provided that: i. The sign is not placed in a manner that creates a nuisance to adjacent owners, does not create a safety hazard or block the view of entrances to streets or intersections. ii. The sign is placed one-half hour before the open house and is removed each day immediately after the open house closes. 9 (3) iii. A maximum of four (4) signs in a residential zoning district are allowed for each open house and are limited to a four -block radius of the open house. iv. The sign must not exceed six (6) square feet. Real estate development project sign. For a development project of up to 25 acres, one sign not to exceed one hundred (100) square feet of sign surface may be erected on the project site. For projects of 26-50 acres, one or two signs not to exceed two hundred (200) aggregated square feet of sign surface may be erected. For projects over fifty (50) acres, up to three signs not to exceed three hundred (300) aggregate square feet of sign surface may be erected. No dimension shall exceed twenty-five (25) feet exclusive of supporting structures. The sign may not remain after 95% of the project is developed. The sign must be bordered with a decorative material compatible with the surrounding area. If the signs are lit, they must be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business. (e) Nameplate sign. (1) A nameplate sign must be placed on a wall of the structure not exceeding two (2) square feet in area per structure. A nameplate sign shall not be constructed as to have more than two (2) surfaces. (2) A single nameplate sign must be placed on a wall of the structure for each dwelling group of six (6) or more units. The nameplate sign may not exceed six (6) square feet in area per surface and may not be constructed as to have more than two (2) surfaces. (f) Window sign. A window sign, which cannot cover more than one-third of the total area of the window in which the sign is displayed. (g) Garage and rummage sale signs, provided they comply with Section 31-505, Subd. 3. Subd. 8. Prohibited Signs. The following signs are prohibited in all zoning districts: (a) Abandoned signs. (b) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. (c) Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. 10 (d) Off -premises commercial signs. (e) Billboard signs. (f) Any sign that moves or rotates, except barber poles and permitted electronic message centers. (g) Signs that display any moving parts, are illuminated with any flashing or intermittent lights or are animated, except electronic message centers. All displays must be shielded to prevent any light from impairing the vision of any driver. No device may be illuminated to obscure an official traffic sign or signal, including indoor signs which are visible from public streets. (h) Roof signs. (i) Any sign with banners, pennants, ribbons, streamers, string or light bulbs, spinners or similar devices, except where used for noncommercial purposes or as part of an approved sign application. (j) Portable signs including signs with wheels removed, attached temporarily or permanently to the ground. (k) Signs mounted on a vehicle for promotional purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used on the normal day-to-day operations of that business. (1) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, directly on building walls, or attached to public utility poles, telephone cables or wires, bridges, towers, or similar public structures or the supports thereof. Illuminated signs or spotlights giving off an intermittent or rotating beam. Revolving beacons, beamed lights or similar devices. Hot air, gas filled or inflated objects used for commercial speech. Signs supported by guy wires. Signs in a state of disrepair. Subd. 9. Specific Regulations by Zoning District. In addition to the signs allowed in Subdivision 7 of 31-509, the following signs shall be allowed within the specific zoning districts: (a) Central Business and General Commercial Districts. All signs in the CBD-central business or CA -general commercial districts are subject to the following requirements: 11 (1) General regulations: i. In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, only one (1) wall, monument, awning, canopy or three-dimensional sign is allowed per business within the CA -general commercial district. When a building or business abuts two or more public streets and/or public alleys, one (1) sign is allowed on each street building face. ii. In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, two (2) signs are allowed per business within the CBD-central business district. The two (2) allowed signs must be one (1) wall sign and either a three-dimensional sign or a projecting sign. iii. All signs in the CBD-central business district must meet the downtown design guidelines for signs. (2) Wall signs. Wall signs shall meet the following requirements: (3) i. The total building signage may have an aggregate area not exceeding one (1) square foot for each foot of building face parallel or substantially parallel to a street lot line. ii. It must not project more than twelve (12) inches from the wall to which the sign is affixed. iii. It must not project higher than the parapet or eave line of the wall to which the sign is affixed or fifteen (15) feet as measured from the base of the building wall to which the sign is affixed, whichever is less. iv. Externally illuminated letters are allowed, but no internally illuminated signs are allowed. v. Where a principal building is devoted to two (2) or more permitted uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building may not exceed one (1) square foot for each foot of the building face parallel, or substantially parallel, to a street lot line with a maximum of twenty-five (25) square feet per business. Freestanding signs. Freestanding signs shall meet the following requirements: i. The area of a monument or freestanding sign may not exceed thirty (30) square feet. ii. A monument or freestanding sign may be located in any required yard but must have a setback of fifteen (15) feet from any point of vehicular access, public roadway and property line. iii. A monument or freestanding sign may not project higher than six (6) feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less. iv. The area around a monument or freestanding sign must be landscaped. v. Externally illuminated letters are allowed, but no internally illuminated signs are allowed. vi. Pedestrian and vehicular sight lines must not be blocked. (4) Awning or canopy signs. Awning or canopy signs shall meet the following requirements: (5) i. The gross surface area of an awning or canopy sign may not exceed fifty (50) percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed. ii. An awning or canopy sign may not project higher than the top of the awning or canopy or below the awning or canopy. Three-dimensional signs. The total area of a three-dimensional sign is determined by enclosing the largest cross section of the sign in an easily recognized geometric shape and computing its area, which may not exceed nine (9) square feet. (6) Projecting sign. A projecting sign shall meet the following requirements: i. The total area of a projecting sign may not exceed six (6) square feet. ii. It must be easily visible from the sidewalk and not be a hazard to pedestrians. iii. If lighted, the sign must be externally illuminated. iv. The bottom of the sign and bracket must be at least eight (8) feet above sidewalk grade. (b) Business Park and Highway Mixed Use Districts. All signs in the BP-O, BP-C, BP- I, HMU and CMU districts are subject to the following requirements: (1) General regulations: In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, a property may have one (1) freestanding 13 sign, one (1) wall sign per business, and as many awning, canopy, marque, or multitenant master signs as provided in subdivision 10(b)(5) of 31-509. (2) Wall signs. Wall signs shall meet the following requirements: (3) i. The gross surface area of a wall sign may not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must be located on the outermost wall of any principal building but may not project more than twelve (12) inches from the wall to which the sign is affixed. iii. It must not project higher than the parapet line of the wall to which the sign is affixed or twenty (20) feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. iv. Where a principal building is devoted to two (2) or more uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of twenty-five (25) square feet per business, whichever is more. v. Only one (1) wall sign per building face is allowed. Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of a freestanding sign may not exceed one hundred (100) square feet for each exposed face nor exceed an aggregate gross surface area of two hundred (200) square feet. ii. A freestanding sign must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs may not project higher than twenty-five (25) feet. Along County Road 5 from Highway 36 to Croixwood Boulevard and South Greely from Orleans to Highway 36 freestanding signs may not project higher than twenty (20) feet. In all other locations, a freestanding sign may not project higher than six (6) feet. Signs shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less. iv. There may be one (1) freestanding sign per development site. (4) Awning, canopy or marquee signs. Awning, canopy or marquee signs shall meet the following requirements: 14 (5) i. The gross surface area of an awning, canopy or marquee sign may not exceed fifty (50) percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. ii. A sign may be affixed to or located upon any awning or marquee. iii. An awning, canopy or marquee sign may not project higher than the top of the awning or marquee to which the sign is affixed. Multitenant master sign. Each multitenant or multi -use building is permitted one (1) building master identification sign which meets the following requirements: If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one (1) square foot for each five (5) feet of building frontage or forty (40) square feet maximum with a maximum height of eight (8) feet. ii. If the multitenant commercial building has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may have a master identification sign with a maximum of seventy-five (75) square feet on each side and with a maximum height of twenty (20) feet. iii. If the multitenant commercial building has a floor area greater than 100,000 square feet, the building may have a master identification sign with a maximum of one hundred and twenty (120) square feet on each side and with a maximum height of twenty-five (25) feet. (c) PA, PROS and PWFD Districts. All signs in the PA, PROS and PWFD districts are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed for each facility. (2) Wall signs. Wall signs shall meet the following requirements: i. The gross surface area of a wall sign may not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must not project higher than the parapet or eave line of the wall to which the sign if affixed. (3) Freestanding signs. Freestanding signs shall meet the following requirements: 15 i. The gross surface area of any side of a freestanding sign must not exceed 120 square feet. ii. It must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs must not project higher than twenty-five (25) feet. In all other locations, a freestanding sign must not project higher than twenty (20) feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. (d) Village Commercial. All signs in the VC -Village Commercial district are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) other sign is allowed per business. It may be a wall, monument, awning or canopy sign. When a building or business abuts two (2) or more public streets, one (1) sign is allowed on each street building face. (2) All signs in the VC -Village Commercial district must meet the approved Liberty Village design guidelines for signage. (3) Wall signs. Wall signs must meet the following requirements: i. The gross surface area of a wall sign shall not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must be located on the outermost wall of any principal building but may not project more than twelve (12) inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the community development director or designee. iii. It must not project higher than the parapet line of the wall to which the sign is affixed or twenty (20) feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. iv. Where a principal building is devoted to two (2) or more uses, the operator of each use may install a wall sign upon each share of the building. The signs are subject to the following restrictions: a. All signs must be visually consistent in location, design and scale. b. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of twenty- five (25) square feet per business, whichever is more. 16 (4) Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of a freestanding sign may not exceed one hundred (100) square feet for each exposed face nor exceed an aggregate gross surface area of two hundred (200) square feet. ii. A freestanding sign must be set back fifteen (15) feet from the front or side property line. iii. It shall not be higher than twenty (20) feet measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less. iv. There may be one (1) freestanding sign per development site. (5) Awning or marquee signs. Awning or marquee signs shall meet the following requirements: i. The gross surface area of an awning or marquee sign must not exceed fifty (50) percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. ii. A sign may be affixed to or located upon any awning or marquee. iii. An awning or canopy sign may not project higher than the top of the awning or marquee to which the sign is affixed. (6) Multitenant master sign. Each multitenant or multi -use building is permitted one (1) building master identification sign which meets the following requirements: (7) i. Building master identification signs must not contain the names of any tenants or occupants of the center. ii. The multitenant commercial building may have a freestanding sign with a maximum of one (1) square foot of sign for each five (5) feet of building frontage or forty (40) square feet maximum with a maximum height of eight (8) feet. Projecting sign. A projecting sign shall meet the following requirements: i. The total area of a projecting sign must not exceed six (6) square feet. ii. It must be easily visible from the sidewalk and not be a hazard to pedestrians. iii. If lighted, projecting signs must be externally illuminated. 17 (8) Total allowable sign area. The total aggregate sign area allowed on a property for all signs permitted in subparts (d) through (g) above shall be as follows: i. A minimum of one hundred (100) square feet; and at a rate of one (1) square foot of signage for each lineal foot of the building wall facing a public street, up to a maximum of three hundred (300) square feet. ii. When a building faces two (2) or more public streets, the building wall area shall be determined by adding the wall area of each building wall that faces a public street and dividing by the number of public streets the building faces. (e) CRD, Campus Research and Development Districts. All signs in the CRD, Campus Research and Development districts are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed for each facility. However, if the facility is large or consists of several buildings, additional signs may be allowed with a conditional use permit. (2) Wall signs. Wall signs shall meet the following requirements: (3) i. The gross surface area of a wall sign must not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must not project higher than the parapet or eave line of the wall to which the sign if affixed. Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of any side of a freestanding sign must not exceed 120 square feet. ii. It must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs must not project higher than twenty-five (25) feet. In all other locations, a freestanding sign may not project higher than twenty (20) feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. Subd. 10. Directory Signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP, PA and CRD districts. The sign area used in directory signs shall not be calculated against the total allowable sign area. Directory signs in the permitted zoning districts shall meet the following requirements: 18 (a) It must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. (b) It must have a maximum area of one (1) square foot for each business listed on the sign and four (4) square feet for the name of the building or complex. (c) It may be freestanding but must not exceed six and one-half (6 1/2) feet in height. (d) It must only be used for directions and identification. Subd. 11. Electronic Message Centers. Except as provided in (h), an electronic message center is allowed if it meets all of the following requirements: (a) Located only on property zoned PA, PROS or BP-C as specified below: (1) In the BP-C Zoning District an electronic message center must only be located along State Highway 36 in the following corridor of properties listed below and depicted on Map 1: i. Properties abutting 60th Street North between South Greeley Street and South Holcombe Street; and ii. Properties abutting West Frontage Road between South Greeley Street and Market Drive; and iii. Property at 2001-2011 Washington Avenue; and iv. Properties abutting Market Drive between West Frontage Road and Curve Crest Boulevard. (2) In the PROS Zoning District an electronic message center is permitted, but only if located on a property with a multiple use park building and it is located so as not to be in direct line of sight of any residential dwelling in a residential zoning district. (3) In the PA Zoning District an electronic message center is permitted, but only if it is located so as not to be in direct line of sight of any residential dwelling in a residential zoning district. 19 MAP 1 Properties where Electronic Message Centers are allowed are shown in dark gray 1 61. rf rarer Zoning Districts � .....w.....�-�... �.. A�AO'ewrM RA•Mw ��wMW� • 6-%OMry 1_01 A •M1wM611.6.0 -&R.w�MbiJ Cx �wT wCyrtil - irp�yp ly�pr/p -CCR Caw C•1 •wHr�r O• .weh..o•.vl t.. $• =4CM-wT ErW� R.rrW K. Ytip CM.-waN - COO -Cfl Now. -M • _4Wr_ - W Ca.m.01•4•49.0...evni . - iv, *Am awwPwr. -Amos ...a Rr••Na..roM• [P MAK nYb .jury N '1Mc I warn" -61 o townimi (b) Only one (1) electronic message center per property. A "property" for purposes of this section is one lot, or a single building that spreads over several lots, or a campus or integrated cluster of buildings that is owned or managed as a single entity, complex or development. (c) Must be integrated within a freestanding sign and shall not exceed fifty (50) percent of the freestanding sign's total allowable area. (d) The copy of an electronic message center shall not change more than once every twenty (20) seconds. (e) Includes functional automatic dimming capabilities that adjust the brightness to ambient light at all times of the day and night; or the illumination does not exceed 0.3 footcandles over ambient lighting conditions when measured seventy-one (71) feet from the sign. (f) No off -premises electronic message centers are allowed. (g) All other applicable sign regulations found in Section 31-509 are met. 20 (h) Institutional signs may include an electronic message center if they comply with this Subd. 11, the zoning district in Table 1, and the performance standards in Subd. 13. If not, then the institutional sign shall only include a non -electronic message center. Subd. 12. Non -Conforming Signs. It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: (a) No sign shall be enlarged or altered in a way which increases its nonconformity. (b) Should such sign or sign structure be destroyed by any means to an extent greater than fifty (50) percent of its replacement cost and no building permit has been applied for said sign within one hundred and eighty (180) days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance. (c) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. Subd. 13. Institutional Signs. An institutional sign may be either wall mounted or freestanding. The maximum size of the sign, including any electronic or non -electronic message area, is 32 square feet and is subject to the following: (a) In residential zoning districts only non -electronic message centers are allowed as part of an institutional sign. Electronic message centers are not allowed in residential zoning districts. (b) In the PA and PROS Zoning Districts a non -electronic message center is allowed as part of an institutional sign. If the standards in Subd. 11 (a) (2) and (3) are satisfied, an electronic message center is allowed instead of the non -electronic message center. Subd. 14. Violations. (a) All signs for which a permit is required shall be subject to inspection by the community development director or designee. (b) The city may require the removal or repair, at the owner's expense, of any sign if the requirements of this ordinance are not met. (c) Upon receipt of a notice of violation, the record owner of the property on which the sign or sign structure is located shall take corrective action. If the property owner 21 fails to comply with the corrections outlined in the written notice, the city may initiate any lawful action or proceeding to prevent, restrain, correct or abate the violation. SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-505, Subd. 3 relating to Garage Sale Signage is hereby enacted: Subd. 3. Garage Sale Signage. A temporary sign promoting a garage sale is permitted, provided that: (a) The sign does not exceed four (4) square feet. (b) The sign is not more than three (3) feet in height. (c) The sign is removed the same day when the sale closes for each day. (d) The sign is permitted by the owner of the property on which the sign is placed. (e) No more than two (2) garage sales per year are held by any address in any calendar year with each sale lasting no longer than three (3) days. (f) The sign may not be placed upon the right-of-way, parks or public property in a manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks the view of entrances to streets or intersections. SECTION 5. 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 sign ordinance has been revised to add additional sign definitions to the general definitions section of the zoning code, add provisions surrounding the use of noncommercial speech, reorganize sections for clarity, move garage sales signs to the residential section of the zoning code, provide consistency in terminology, add electronic message center criteria and otherwise update the ordinance to ensure it is content neutral. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of ATTEST: Beth Wolf, City Clerk , 2020. CITY OF STILLWATER Ted Kozlowski, Mayor 22 RESOLUTION APPROVING POLICIES RELATED TO ECONOMIC IMPACT AND RECOVERY FOLLOWING THE COVID-19 PANDEMIC WHEREAS, the State of Minnesota and its communities have been impacted by the COVID-19 outbreak forcing temporary closure of businesses and activities resulting in revenue loss and unemployment; and WHEREAS, many individuals have been impacted by the COVID-19 outbreak with the loss of employment and critical income; WHEREAS, the Federal and State governments have begun to implement tools to aid businesses and employees and the City of Stillwater may also consider responsible and prudent actions to aid affected businesses and employees as well as the general community population; and WHEREAS, the City of Stillwater will continue to evaluate options related to any assistance the City may be able to offer as well as explore partnerships to advance solutions to address impacts stemming from the COVID-19 outbreak. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the following actions: 1. The City shall waive late fees (penalties) for 1st and 2nd quarter 2020 utility billing. 2. The City shall postpone the 2020 1st quarter lodging tax due date until June 30, 2020 as requested by the Convention and Visitor Bureau (letter attached). BE IT FURTHER RESOLVED, that City staff shall actively implement these actions to the extent authorized under Minnesota law and provide necessary communications to affected parties and the community. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of April 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk April 4, 2020 Honorable Mayor Ted Kozlowski And Stillwater City Council, On Friday, April 3rd, the Stillwater / Oak Park Heights Convention and Visitor's Bureau Executive Board met via conference call. We reviewed our changing budget calculations for the year and made adjustments to our planned expenses and advertising for the next few months as we try to figure out what the future will be for this year. We feel we have put a good plan together and we will be revisiting it often. One other item we did discuss is the lodging tax payments for first quarter that our member properties are to make by April 30th. We would ask that the Cities of Stillwater and Oak Park Heights would move to have this payment postponed until June 30th of this year to help out our local lodging properties that have seen their businesses decline dramatically during this time due to the Covid-19 pandemic. We would still like to have people file their report so we have some gauge as to where things are, just postpone the payment due date. Thank you for your consideration. If you have any questions, please feel free to call me. Sincerely, Chuck Dougherty President of Stillwater / Oak Park Heights CVB cc. Tom McCarty, City Administrator Mike Polehna, CVB Rep. iliwater THE B I R i H P l R r: E O F MINNESOIA DATE: April 7, 2020 TO: Mayor & Councilmembers RE: Heifort Estates Development Agreement Amendment FROM: Bill Turnblad, Community Development Director BACKGROUND The Heifort Estates Development Agreement required the developer to pay a transportation adequacy fee for impact to off -site roads. A request was made by the developer to spread the fee as an assessment against each of the lots in his project, which the City did. However, home builders who want to purchase the lots object to the assessment, which would have to be paid by them when they purchase the lots. REQUEST The developer requests that the City cancel the transportation adequacy fee assessment on all unsold lots. COMMENTS The MN Supreme Court ruled on August 15, 2018 that the City of Woodbury could not charge developers a transportation adequacy fee for impacts to roads not located within their development. By extension, this means no City can impose that fee. So, after that date the City of Stillwater stopped imposing the fee. In the Heifort Estates case, however, the original Development Agreement was executed in April of 2018. The developer closed on the land in September of 2018 and developed the land in 2018 and 2019. Lots became available for sale in late 2019. A number of the lots remain unsold and the developer is requesting that the City cancel the transportation fee assessment on those lots. RECCOMENDATION City Attorney Land notes that the transportation adequacy fee cannot be charged, and therefore the pending assessments on the unsold lots should be cancelled. To implement that cancellation, a resolution has been prepared and attached to this memo. Attachments: Amendment Resolution Development Agreement Amendment Release of Assessment Agreenent RESOLUTION NO. 2020- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF STILLWATER TO AMEND THE DEVELOPMENT AGREEMENT AND RELEASE THE ASSESSMENT APPEAL WAIVER AGREEMENT RELATING TO HEIFORT HILLS ESTATE WHEREAS, the City of Stillwater, a Minnesota municipal corporation ("City") and Integrity Land Development Inc., a Minnesota corporation ("Developer") entered into a Development Agreement Relating to Heifort Hills Estate dated March 8, 2018 ("Development Agreement"); and WHEREAS, Developer has requested removal of the Transportation Adequacy Fund payment from the Development Agreement. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater hereby authorizes: 1. The approval and execution of the First Amendment to Development Agreement Relating to Heifort Hills Estate. 2. The approval and execution of the Release of Assessment Appeal Waiver Agreement for Heifort Hills Estate. Adopted by the City Council of the City of Stillwater, Minnesota this day of April, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RELATING TO HEIFORT HILLS ESTATE THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RELATING TO HEIFORT HILLS ESTATE ("First Amendment") is made, entered into and effective as of the day of , 2020, by and between the City of Stillwater, a Minnesota municipal corporation ("City") and Integrity Land Development Inc., a Minnesota corporation ("Developer"). WHEREAS, Developer and the City entered into a Development Agreement Relating to Heifort Hills Estate dated March 8, 2018 ("Development Agreement"), with respect to the property described in said Development Agreement (the "Property"); and WHEREAS, Developer has requested removal of the Transportation Adequacy Fund payment from the Development Agreement; and WHEREAS, the City is agreeable to the removal of the Transportation Adequacy Fund payment from the Development Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this First Amendment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The Development Agreement shall be amended as follows: AMENDMENTS Section 4.02(A) of the Development Agreement is hereby deleted in its entirety and replaced as follows: A. *Trunk Charges: Based upon 8.645 acres of Phase One * Charges described in § 4.02A are gross charges before credits, and are based upon the developable acres within the Property. 1 AUAR Trout Stream Mitigation Charge $6,100.00 per acre $52,734.50 Trunk Sanitary Sewer & Water Charges $17,781.00 per acre $153,716.75 $206,451.25 Section 4.02(D) of the Development Agreement is hereby deleted in its entirety. 2. Except as provided for above, the terms and provisions of the Development Agreement shall remain in full force and effect. 3. This First Amendment and all disputes or controversies arising out of or relating to this First Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 4. 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 Developer or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. 5. This First Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. Delivery of a copy of this First Amendment bearing an original signature by facsimile transmission or by electronic mail in "portable document format" shall have the same effect as physical delivery of the paper document bearing the original signature. 6. This First Amendment shall not be amended, modified or supplemented except by a written instrument signed by an authorized representative of each party. [The remainder of this page was intentionally left blank.] 2 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the date hereinbefore first written. CITY: CITY OF STILLWATER By: Ted Kozlowski Its: Mayor By: Beth Wolf Its: City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss: On this day of , 2020, 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, a Minnesota municipal corporation, named in the foregoing instrument, and that it was signed on behalf of the City by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of the City. Notary Public 3 DEVELOPER: INTEGRITY LAND DEVELOPMENT INC. By: Todd Ganz Its: Chief Executive Officer STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2020, before me a Notary Public within and for said County, personally appeared Todd Ganz to me personally known, who being by me duly sworn, did say that he is the Chief Executive Officer of Integrity Land Development Inc., a Minnesota corporation, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity by authority of its Board of Directors and said Chief Executive Officer acknowledged said instrument to be the free act and deed of the entity. This instrument drafted by And after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 Notary Public 4 CITY OF STILLWATER RELEASE OF ASSESSMENT APPEAL WAIVER AGREEMENT FOR HEIFORT HILLS ESTATE RECORDED AS WASHINGTON COUNTY DOCUMENT NO. 4176398 THIS RELEASE OF ASSESSMENT APPEAL WAIVER AGREEMENT FOR HEIFORT HILLS ESTATE RECORDED AS WASHINGTON COUNTY DOCUMENT NO. 4176398 ("Release") is executed and delivered as of the day of , 2020, by the City of Stillwater, a Minnesota municipal corporation (the "City"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals herein contained, the City recites as follows: RECITALS WHEREAS, an Assessment Appeal Waiver Agreement for Heifort Hills Estate was entered into on November 13, 2018 and recorded on November 26, 2018 as Washington County Document No. 4176398 ("Agreement"). The property subject to the Agreement is located in the City of Stillwater, County of Washington, State of Minnesota and legally described as follows: Lots 1-25, Block 1, Heifort Hills Estate (the "Property"); and WHEREAS, the Agreement set forth certain requirements and obligations that the owner needed to perform; and WHEREAS, the owner has fulfilled those certain requirements and obligations; and WHEREAS, the owner has requested the City release the Agreement; and WHEREAS, the City agrees to release the Agreement. NOW, THEREFORE, the City hereby confirms and releases the following: 1. The City hereby releases the Agreement. 1 2. The owner of the Property may record this Release with the Washington County Recorder. [The remainder of this page was intentionally left blank.] 2 IN WITNESS WHEREOF, the undersigned has executed this Release as of the day and year first written above. CITY: CITY OF STILLWATER By: Ted Kozlowski Its: Mayor By: Beth Wolf Its: City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss: On this day of , 2020, 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, a Minnesota municipal corporation, named in the foregoing instrument, and that it was signed on behalf of the City by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of the City. This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 Notary Public 3 NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate by logging into zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 AGENDA CITY COUNCIL MEETING April 7, 2020 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. COVID-19 Reponse Update 2. St. Croix River High Water Update V. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. VI. STAFF REPORTS 3. Police Chief 4. Fire Chief - 2019 Annual Report 5. Finance Director 6. Community Development Director 7. Public Works Director 8. City Clerk 9. City Attorney 10. City Administrator 11. Library Director VII. CONSENT AGENDA - 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. 12. March 17, 2020 regular meeting minutes 13. Payment of Bills 14. Hauler's License Renewal for Advanced Disposal Services - Resolution 15. Ordinance 1139 Amending Stillwater City Code Sec 23-1, Fire Department - Ordinance 2nd Reading 16. Ordinance 1140 Amending Stillwater City Code Sec 51-5, Snow Emergencies - Ordinance 2nd Reading 17. Ordinance 1141 Amending Stillwater City Code Sec 33-1, Adopting the State Building Code and Fire Code - Ordinance 2nd Reading 18. Ordinance 1142 Repealing Stillwater City Code Section 27-1 and Enacting Sections 27-4 and 27-5 Regarding Licensing of Dogs, Potentially Dangerous Dogs and Dangerous Dogs - Ordinance 2nd Reading 19. Ordinance 1143 Amending Stillwater City Code Section 41-2, Licensing of Tobacco Sales; Possession and Use - Ordinance 2nd Reading 20. St. Croix Valley Recreation Center Infrared Heater Request 21. Washington County Event Permit - Resolution VIII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 22. CPC Case No. 2019-25 to consider amending the City's sign regulations (City Code Ch 31) by allowing electric message center signage to some areas of the City, by addressing content neutrality and commercial speech concerns, by re -organizing the regulations to improve understandability, and other organizational and clerical changes. Notice was published in the Stillwater Gazette on March 27, 2020 - Ordinance 1st reading. 23. CPC Case 2020 05 to consider an app ill request by the City of Stillwater, applicant, for the reconsideration of the HPC's denial of Case No 202n_n3 South Main Street Ref,;,,;,,resign Property located at the south end of Main Street, adjacent to the South Main Street Public Stairway. Notice was published in the Stillwater Gazette on March 27, 2020. Appeal Withdrawn IX. UNFINISHED BUSINESS 24. ADA Transition Plan 25. Discussion of Policies Relating to Economic Impacts Following COVID-19 Pandemic - Possible resolution available Tuesday 26. Neal Avenue Parking Restriction X. NEW BUSINESS 27. Heifort Hills Development Agreement - Resolution - Available Tuesday 28. Lily Lake Cooperative Agreement 29. St. Croix Valley Recreation Center New Sound System Request - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda April 7, 2020 STILLWATER FIRE DEPARTMENT 2019 ANNUAL REPORT MISSION STATEMENT Our commitment is to protect life and property through dedicated service to the community. Professionalism, Respect, Integrity, Dedication, Excellence P.R.I.D.E.! Stillwater Fire Department 250 Maryknoll Drive North Stillwater, MN 55082 Telephone: (651) 351-4950 Email: fire@ci.stillwater.mn.us Web Page: https://www.ci.stillwater.mn.us/fire Table of Contents Message from Fire Chief Stuart Glaser Communities Served Services Provided Organizational Chart Response Summary • 2019 Calls by District • Annual Run Response Trend • Mutual Aid Trend • Incidents by Time of Day SFD Fire District • City of Stillwater • City of Grant • May Township • Stillwater Township Fire Prevention and Life Safety Education Activities • Property and Contents Saved Fire Prevention • Fire Education and Events Updates • Improvements • Grants • Performance Survey Training Activity Personnel Updates • Deepest Sympathy • Years of Service • Badge Presentation • Retirement/Resignations • Certificate of Excellence Public Relations Frequently Asked Questions 3 4 5 6 7-8 9 10 11 12 13 14 15 16 17 18-19 20 21 2 MESSAGE FROM FIRE CHIEF STUART GLASER It is my pleasure to present the 2019 Stillwater Fire Department Annual Report. SFD is honored and proud to serve each citizen and visitor to our community with Professionalism, Respect, Integrity, Dedication and Excellence - P.R.I.D.E.! In 2019, SFD responded to more emergency incidents than in any year of the Department's 147-year history. SFD's call volume increased twelve percent (220 Calls) for a total of 2,041 incidents. As SFD con- tinues to see our City grow and needs change, we will always be exploring ways to do things better, more efficiently, and effectively, while maintaining our commitment to our mission. 2019 Highlights: • Implemented Tablet Command incident management software • Purchased technical rescue equipment • Purchased thermal imaging cameras to improve situational awareness and firefighter safety • Improved station alerting system • Placed order for a new class A engine from Custom Fire — estimated delivery fall of 2020 • Purchased new MSA G1 Self Contained Breathing Apparatus (SCBA's) • Saved over $13.6 million in property and contents due to structure fires • Conducted over 568 inspections of businesses and occupancies • Promoted three Paid -on Call Firefighters to Paid -on Call Firefighter/Engineers • Presented a Department Unit Citation honoring personnel who were off duty and saved the life of a heart attack victim • Recognized four firefighters for completing their one year probation, 1,182 hours of training, an- swered 362 calls for service, and were presented with their badges • Honored seven individuals with Years of Service pins - totaling 145 years of service In addition, SFD participated in numerous community and special events throughout the year. SFD was proud to participate as an escort for the Wall that Heals this past summer. This moving tribute to the brave men and women who gave their lives during the Vietnam War was displayed in Stillwater for sev- eral days in 2019. Since 1872, the dedicated men and women of the Stillwater Fire Department have been protecting life and property to those who live, work and visit our community. I look forward to continuing this long standing tradition and leading SFD into the next decade. Sincerely, Stuart V, 9ecule r Stuart W. Glaser Fire Chief 3 Communities Served CITY OF STILLWATER Mayor Ted Kozlowski City Council Ryan Collins David Junker Tom Weidner Mike Polehna City Administrator Tom McCarty City Clerk Beth Wolf CITY OF GRANT Mayor Jeff Huber City Council John Rog Jeff Giefer Tom Carr Jeff Schafer City Clerk Kim Points MAY TOWNSHIP Township Supervisors Bill Voedisch John Adams John Pazlar Township Clerk Linda Tibbetts STILLWATER TOWNSHIP Township Supervisors Bonnie Haines Mike McMahon Rod Hunter Tim Sinclair Shelia -Marie Untiedt Township Clerk Kathy Schmoeckel Scandia FD s May Township Mahtom • • i F❑ S tr City of Grant City of Stillwater Stillwater Township Bayport FD ate r 52 4 Services Provided Fire Suppression Structure - Residential/Commercial Wildland/Urban Interface/Grass Marine Auto Basic Life Support (BLS) Non -Transport Emergency Medical Services Medical Emergencies CPR &AED Certified Advanced Airway Placement BLS Drug Variances Assist Lakeview EMS Blood Pressure Wellness Checks Code Enforcement/Inspections New Construction Commercial Multi -Family Residential Daycare/Foster Care Special Events Fire & EMS Education In-service training for business - Fire Extinguisher, AED and CPR Drills and Exercises - conduct drills, exercise and review emergency plans for assisted living facilities and area businesses Community Support Community Events Station Tours Technical Rescue Auto/Machinery Extrication High Angle Rope Confined Space Collapse Hazardous Materials Hostile Event Response Terrorism Water/Ice Rescue Surface Dive - Washington County Fire Department Dive Team Boat - River and Lakes Fire Prevention & Life Safety Education School Visits and Activities Open House Senior Center Presentations General Emergency Preparedness and Fire Safety Presentations Maintenance City Fire Hydrants - Assist Water Department with annual required maintenance and flushing Fire Station - Maintain building, grounds, and me- chanical equipment Trucks/Response Equipment - Daily inspections and inventory of apparatus and equipment Car Accident Hazardous Material 5 Organizational Chart Chief 1 FTE Deputy Chief Fire Marshal 1 FTE Assistant Chief Administration 1 POC Assistant Chief Operations 1 FTE Admin. Assistant .75 FTE A Shift Captain 1 FTE Lieutenant/Captain 1 POC B Shift Captain 1 FTE Lieutenant/Captain 1 POC VACANT Firefighter/Engineer 2 FTE 2 POC Firefighter 4 POC C Shift Captain 1 FTE Lieutenant/Captain 1 POC VACANT Firefighter/Engineer 2 FTE 3 POC Firefighter 5 POC Firefighter/Engineer 2 FTE 3 POC Firefighter 5 POC The Stillwater Fire Department is a combination Department consisting of 12 career fire personnel and up to 30 paid -on -call personnel. Career staff consists of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three shift Captains, six Firefighter/Engineers and a .75 Data Specialist support posi- tion. The Department is staffed 24/7/365 days per year with a minimum of two personnel. Response Summary Incidents by Time of Day 160 140 120 100 80 60 40 20 0 1 1 1 1 1 1 1 1 01 01 01 01 al 01 Cll 01 U1 U1 U-1 U1 U1 U1 Lt1 Lfl dri 6i o 6i oi m dri in in in in in tft ul IJ Cri o • o o 0• 0000 00000000 o o 0 o o 0 a a o eio 0 0 c? 0 9 0 c? o m vt 0 0 0 0 0 0 0 ▪ 0 08:00:00 - 08:59:59 09:00:00 - 09:59:59 11111111111111 cn aI CM 01 01 01 01 01 01 01 01 01 0, 01 L.11 U1 U-1 U1 Lfl Lt1 U1 U1 U1 U1 U1 U1 t.t1L oi 6i Cl 61 Oi dri OI dri 6i dri Ori dri dri oi ui in in in in in in in in in in in in in iri Cri 1.0 N CO eri • Csi - r-1 • 1-1 • t-1 t-1 t-1 <-1 t-1 (N1 IN CV eV 111111.1 11111 00000000000099 000900009099 O .5000000000000 9 9 9 9 cP 9 9 9 9 9 9 9 9 9 0 m Lfl J) r•-• oo 0i 0 • (NI t-1 t-1 t-1 t-1 t-1 t-1 t-1 I-1 t-1 IN IN 1N rt1 Incidents by Day of Week 297 301 adLia 300 301 237 ----- *---- Sunday Monday Tuesday Wednesday Thursday Friday Saturday Incidents per Month 211 • 178 3.87 190 1T2 • 171 • 163 • 138 175 ,..--- - - 146 ,. / / • • • 138 172 • • --e- ' -• • Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 7 Response Summary Calls by District `= City of Stillwater -1,728 City of Grant - 93 May Township - 09 Stillwater Township -122 ■ Mutual Aid - 29 Mutual Aid 24 29 21 7 15 Ir 2017 2018 2019 • Given • Received 8 SFD Fire District * City of Stillwater, City of Grant, May Township Stillwater Township 10% 26% 64% di • Fire - 529 • EMS - 1,304 • Service - 208 *District total includes Mutual Aid Calls Fire Calls 2% IN Structure - 35 • Vehicle - 9 ■ Brush/Other - 25 • MVA/Extrication - 95 • Technical Rescue - 24 Alarms - 163 Hazardous Material - 54 Electrical - 58 Smoke - 28 Carbon Monoxide - 25 Miscellaneous- 13 Service Calls 1% • Cancelled Enroute - 28 ■ Assist Invalid - 29 n Assist Police/Sheriff- 9 Assist Other - 81 • Controlled Burn - 47 • Key Box - 11 Miscellaneous- 3 9 CITY OF STILLWATER Fire Calls 2% 1% 4% 6% 56 1116, 6% ■ Structure - 18 • Vehicle - 6 • Brush/Other - 14 MVA/Extrication -66 Technical Rescue - 11 Alarms - 130 Electrical - 47 Hazardous Material - 43 Smoke - 25 Carbon Monoxide- 25 Miscellaneous- 6 Service Calls • Cancelled Enroute - 22 ■ Assist Invalid - 27 • Assist Other - 72 Assist Police - 9 ■ Key Box -11 — Miscellaneous- 3 Controlled Burn - 13 10 CITY OF GRANT City of Grant 19% 35% 46% Fire - 47 EMS -36 Service - 10 Fire Response Structure - 5 Vehicle - 2 Brush/Other - 3 MVA/Extrication - 12 Alarms - 10 Electrical - 7 Hazardous Material - 5 Miscellaneous- 3 11 May Township Fire Response Structure - 2 Brush/Other - 4 MVA/Extrication - 5 Technical Rescue - 1 Alarms - 6 Electrical - 2 Hazardous Material - 4 Smoke - 1 1 Miscellaneous- 3 12 Stillwater Township Stillwater Township 31% Fire Response Service Calls 3% 5%5% 8 0 29% 3% Fire - 38 EMS - 52 Service - 32 ■ Structure - 1 ■ Brush/Other - 3 • MVA/Extrication - 11 Technical Rescue - 1 • Alarms - 16 r� Electrical - 2 • Hazardous Material - 2 • Smoke - 2 3% 3% • Controlled Burn - 22 • Assist Other - 8 • Nothing Found -1 • Assist Invalid - 1 Property and Content Saved Property Save vs. Loss $16,000,000.00 $14,000,000.00 $12,000,000.00 $10,000,000.00 $8,000,000.00 $6,000,000.00 $4,000,000.00 $2,000,000.00 $0.00 2017 2018 2019 Property and Content Saved $6,999,000.00 $14,891,300.00 $13,678,520.00 Property and Content Loss $561,300.00 $1,193,700.00 $947,580.00 Cost estimates are derived from property value records from the Washington County Property Records and Taxpayer Services Code Enforcement SFD personnel tour The Lakes at Stillwater Senior Living Community Stillwater Fire Department conducts inspections and plan reviews annually. Inspections consist of new con- struction, commercial business, multi -family residential, daycare providers, special event reviews and general company fire inspections of existing structures. Conducting tours with our personnel of new or remod- eled businesses is critical to ensure safety and efficient response for each member. During 2019 Stillwater Fire Department personnel con- ducted: • 568 Inspections • 313 Consultations • 69 Permit and plan reviews • 518 Hydrants flushed - remaining 562 were flushed by the Water Department 14 FIRE PREVENTION Captain Chad Jansen and Firefighter Ryan Sarner present to a pre-school group. PUBLIC EDUCATION EVENTS SCHOOL PROGRAMS COMMUNITY EVENTS STATION TOURS CPR CLASSES CAR SEAT MISCELLANEOUS INSPECTIONS Total number of individuals reached: • Students - 1,977 • CPR Recipients - 323 • Education for Seniors -15 • SFD Open House - 650 • Station Tours - 279 • Car Seat Inspections - 88 • Fire Extinguisher Recipients - 109 • Community Events - 7,026 (Lumberjack Days, 4th of July, Veterans Day, Memorial Day, Night to Unite Celebrations) 15 Improvements 0 Purchase of new 800 MHz radios 0 Installation of window tint safety film 0 Purchase of tech rescue equipment 0 Replacement of several sets of turnout gear 0 Upgrades in iPad and in vehicle information technology 0 Installation of station alerting system 0 Utilization of electronic maintenance and inventory system Target Solutions Check It Program Grant Funding/Reimbursements 0 Implementation of Tablet Command CAD dispatching software 0 Purchase of new Engine from Custom Fire (Delivery in 2020) 0 Purchase of new MSA G1 SCBA's (In service early January) 0 Purchase of individual Thermal Imaging Cam- eras to improve situational awareness Grant Minnesota Board of Firefighter Training and Education $7,220.00 Margaret Rivers - Zoll Monitor $3,000.00 Lion's Club - Zoll ResQPump $1,409.00 Stillwater Eagles 94 - Water Rescue Equipment $2,000.00 Relief Association - Firefighting Training Smoke Machine $1,400.00 Performance Survey During the year, customer service post cards were mailed to individuals that had contact with the Stillwater Fire Department. SFD has a consistent return rate of 35% of completed and returned cards. Individuals have an op- portunity to request a call back and were free to leave comments about the service received. Below the chart are some of the comments that SFD received. Survey Results 250 229 200 150 100 50 0 Were courteous and helpful 227 227 Showed com passion for my situation Were professional in appearance • Thank you for coming to my home. • Fire is so scary and they made sure it was out and the house was safe. • A rating of 4 (excellent) is not high enough. 228 Displayed Professionalism 227 How would you rate your overall experience ■ Excellent ■ Very Good Satisfactory Poor • Thank you for your prompt and courteous help when I foolishly started my car on fire. • Amazing response. • You are amazing and we appreciate your ser- vice. 16 TRAINING ACTIVITY SFD personnel hold the following certifications: • Firefighter I • Firefighter II • Emergency Medical Responder (EMR) • Emergency Medical Technician (EMT) • Advanced EMS Certification • Hazardous Materials Operation Level • Terrorism Awareness Training • Fire Apparatus Operator • Technical Rescue • Vehicle Extrication • Confined Space TRAINING HOURS FIRE TRAINING: 2,265.25 Hours EMS TRAINING: 742.50 Hours HAZMAT TRAINING: 340 Hours TECHNICAL RESCUE TRAINING 309 Hours 17 Personnel Updates With Deepest Sympathy Tim Peltier retired after he faithfully served the Stillwater Fire Department and citizens of Stillwater for over 25 years. Tim's contributions and dedication to the citizens of Stillwater and his fellow firefighters defined his career. Tim's talents, professionalism and friendship will be greatly missed. On November 6, 2019, Tim Peltier passed away after a courageous battle with cancer at age 56. Tim will be remembered for his dedication to the Department, hard work ethic and always having a smile on his face. Years of Service Firefighter/Engineer Tim Bell 50 Years of Service Firefighter Steve Hamond 10 Years of Service Badge Presentation Captain Steve Zoller 25 Years of Service Firefighter/Engineer Ben Wojcik 5 Years of Service Congratulations to Firefighters Jake Eng- land, Tony Harrington, Ryan Sarner and Anthony Wald who were presented with their SFD badges on November 5, 2019. These four firefighters completed a com- bined 1,182 hours of training during their one year probation period and answered 362 calls for service. They are now official members of the Stillwater Fire Depart- ment family, and we look forward to many years of service and commitment. Firefighter/Engineer Rob Peltier 20 Years of Service Lieutenant Jeff Roettger 20 Years of Service Captain Chad Jansen 15 Years of Service Stillwater Fire Department was proud and honored to award years of service pins and recognition to these individuals.I These seven dedicated members of the Stillwater Fire Depart- ment have devoted a total of 145 years of service at the end I of 2019. We thank you for your dedication to the City of Stillwater, I City of Grant, May Township and Stillwater Township and all I its s citizens and visitors. Firefighter Jake England Firefighter Tony Harrington Firefighter Ryan Sarner Firefighter Anthony Wald 18 Personnel Updates Promotions SFD promoted three Paid -on -Call Firefighters to Paid -on -Call Firefighter/Engineer. These positions play a crucial role in meeting staffing levels. Congratulations to Firefighter/Engineer Todd Kockelman, Seth McCauley and Ben Wojcik on your promotion. Todd Kockelman Seth McCauley Ben Wojcik Resignations Dave Martin resigned from the Department after serving almost two years as a Paid -On -Call Firefighter for the City of Stillwater. We thank Dave for his service to the citizens, community and City of Stillwater and wish him well in the future. Certificate of Excellence Paid -on -Call personnel are required to meet minimum quarterly run response requirements. Firefighter Ryan Sarner responded to 143 calls for service and went above and beyond and averaged over 71% call response for the year. Ryan was awarded a Certificate of Excellence for the Highest Run Percentage made in 2019. Congratulations and thank you Ryan for your dedication to the Stillwater Fire Department and the citizens we serve. Ryan Sarner Unit Citation Chief Glaser, Assistant Chief Zeuli, Firefighter/Engineer Jon Bell, Firefighter/ Engineer Jake Bell, Firefighter/Engineer Derek Nelson, Phil Gresafe On February 1, 2019, Assistant Chief Chris Zeuli, and Firefighter/Engineers Jon Bell, Jake Bell, Derek Nel- son, and former firefighter Phil Gresafe were off duty on vacation at the Thunderbird Lodge in Inter- national Falls Minnesota when another patron expe- rienced a medical emergency. Upon recognizing the seriousness of the situation, Chris, Jon, Jake, Derek and Phil immediately took action and began life sus- taining efforts by performing bystander CPR. These initial actions provided critical time prior to the arri- val of the local EMS provider who transported the patient and provided the additional critical care needed to save his life. 19 Public Relations Meals from the Heart Members of the Stillwater Fire Department participated in the Battle of the Badges, "Let's Give Hunger the Business" meal -packing event sponsored by Meals From The Heart. SFD packaged 2,340 meals that will help our local food shelves. SFD won the inaugural event. Nn .lI ERLS FROM THE HEART Hope starts when hunger ends Firefighter/Engineer Rob Peltier, Captain Chad Jansen, Deputy Chief Tom Ballis, Gina Zeuli, Firefighter Ryan Sarner, Assistant Chief Chris Zeuli, Firefighter/Engineer Todd Kockelman, Firefighter Joe Forliti, Firefighter/Engineer Tim Bell, Chief Stuart Glaser Trunk or Treat Firefighter/Engineer Bill Peltier, Firefighter/Engineer Matt Richardson, Captain Chad Jansen "Remember that the happiest people are not those getting more, but those giving more." H. Jackson Brown Jr. Grant Parade 20 Frequently Asked Questions What do firefighters do when not responding to a call? Firefighters are responsible for many duties in addition to responding to calls, some of there responsibilities include: • Emergency vehicles and equipment are inspected and maintained daily to ensure they are ready at all times • Fire inspections and pre -fire planning are conducted to prevent or prepare for fire responses • Conduct public education sessions and station tours • Station cleaning and maintenance of the building and grounds is performed by the firefighters • Regularly scheduled classes, daily training, drills are conducted to maintain and enhance their skills • Always be prepared to respond to an emergency call at any time How do I get a copy of a fire report? Contact SFD at (651) 351-4963 during the hours of 9:00 a.m. to 3:00 p.m., Monday through Friday and staff will as- sist you in obtaining a report. Can I put plants around fire hydrants? Per Minnesota Sate Fire Code 507.5.5 a 3 (three) foot clear space maintained around the circumference of fire hy- drants. Can I paint the fire hydrant in my yard? If not, who do I contact? No. The Water Department maintains all fire hydrants. They can be reached at (651) 439-6231. Can I get my blood pressure checked at the fire department? Yes, stop by SFD between the hours of 9:00 a.m. to 3:00 p.m., Monday through Friday and someone will be able to take your blood pressure. Do you offer CPR or Hands Only CPR classes? Yes we do. Contact Assist Chief Chris Zeuli at (651) 351-4972 to sign up for a class. Can I get a tour of the Fire Department? Call (651) 351-4963 or email fire@stillwater.mn.us. We would need to know how many people would be in the tour, ages, and the dates and times that would possibly fit your schedule. We will call and confirm the date and time. Where can I go to get my child's safety seat checked? Stillwater Fire Department has a certified technician that can assist during business hours. Call (651) 351-4963 to make an appointment. Can I have a recreational fire? Yes, recreational fires are allowed in the City of Stillwater without a permit if you follow these regulations. The size is not to exceed 3' in diameter and 2' in height; the fire must be contained within an approved fire pit and located 25 feet from a structure or other combustible materials. The fire must be attended by an adult at all times. Only clean, dry wood may be burned. No leaves or construction material. You also need to have a garden hose con- nected or an extinguishing device readily available. For a fire larger than what is listed for a recreation fire you will need to get a burning permit. The Fire Department has the authority to cancel burning and extinguish the fire if they feel the fire is a public safety hazard or we receive complaints of nuisance smoke. How do I get a burn permit? Stop by the fire department located at 250 Maryknoll Drive North Monday through Friday during the hours 9:00 a.m. to 3 p.m. to fill out an application. The fee is $20.00 payable by check or credit card. For burn permits outside the City limits contact the following: • City of Grant: Joyce Welander, (651) 303-0657 or Jeff Schafer (651) 653-0743 • Stillwater Township: Steve Nelson (651) 439-0796 • May Township: John Klenk (651) 275-1336 21 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES March 17, 2020 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS COVID-19 Discussion Update City Administrator McCarty provided an update on the City's response to the COVID-19 pandemic. He added the Mayor declared a State of Emergency yesterday. The public -facing side of City facilities has been closed. Staff are still on duty and there are plans to deal with staff needs. Police Chief Gannaway explained a three -level plan. Level 1 was the preparatory phase of modifying operations. Level 2 involves being open as a City, however all City facilities are closed to the public, except for the vestibules at the Police and Fire Departments. Staffs are still working. Level 3 will be when everything is closed and only essential personnel report to work. The City is not at that level yet. Much of the guidance comes from federal and state governments. Police officers are still patrolling 24/7 as usual, and still answering calls for service. Citizens are encouraged to do all business by email or phone. Councilmember Weidner asked if the emergency declaration covers the Water Department; and City Attorney Land answered that the Water Board is a subset of the City, so the Emergency Declaration covers them. The purpose of the declaration is for the City to be able to recover costs if funds are available. Mayor Kozlowski questioned if the Departments are seeing an increase in regular calls for service; and Police Chief Gannaway replied that call volumes are about the same. Citizens are encouraged to call first. Councilmember Weidner inquired if the Departments have changed their emergency response procedures; and Fire Chief Glaser responded that they are working closely with City Council Meeting March 17, 2020 Lakeview EMS and the Regions Medical director. When a caller reaches 911, the dispatchers are asking them pertinent questions and then providing that data over the radio so staff is aware of what they are responding to. Staff has the required personal protective equipment (PPE) and are staging outside the contact area until Lakeview EMS lets them know they are needed. Police Chief Gannaway added that the Police Department is following the same protocol. They will not enter a residence where there are some flu symptoms unless they are requested. City Clerk Wolf indicated that the City web site has a page specifically related to the COVID virus. Notices are going out to everyone on Constant Contact and the City's Facebook page. Councilmember Collins asked if the Police and Fire Departments feel like they have enough PPE for the time being; and Fire Chief Glaser answered that they are seeing an increase in call volume, but if they can maintain separation and do not have to have a contact, they can preserve some of the equipment. City Administrator McCarty added that any permitted events scheduled for City parks through May have been cancelled and organizers have been notified. Beginning in April, meetings will be conducted electronically. The public may watch. For a public hearing, for instance, they would not have to be physically present, but could use electronic technology to be heard. Mayor Kozlowski thanked all City staff members for their work. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2020-028, resolution Declaring a Local Emergency. All in favor. Certificate of Appreciation of Retirement for Mike Kuehn Mayor Kozlowski read Resolution 2020-027 commending Mike Kuehn on his retirement as Maintenance Worker IV after more than 19 years of service. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2020-027, Certificate of Retirement, Mike Kuehn. All in favor. NEW BUSINESS Delinquent Tax Payment Plan Request for Zephyr Theatre City Administrator McCarty stated that the Board of Trustees for the Zephyr Theatre has been in discussions with Washington County for a Delinquent Property Tax "Confession of Judgement" Payment Plan for their property at 601 Main Street North (Zephyr Theatre). County policy provides that if the market value of the property is over $1 million, the owner must submit a written request for a payment plan along with a letter of support (resolution) from the municipality in which the property is located. The proposed payment plan allows the property owner to pay over five years and prevents the tax forfeiture from taking place. If supportive, Council should adopt a motion of support for the request, and then staff will prepare a letter of support for the request from the City Council to the Washington County Department of Property Records and Taxpayer Services. Page 2 of 7 City Council Meeting March 17, 2020 Motion by Councilmember Junker, seconded by Councilmember Collins, to support the request. All in favor. OPEN FORUM There were no public comments. STAFF REPORTS Fire Chief Glaser informed the Council that there was a structure fire on 126th Street in May Township on Sunday night. Community Development Director Turnblad reported that the Community Development Department is continuing to accept building permit applications and planning case permit applications via a dropbox in the Police Department vestibule. The public is asked not to put payment there, but make arrangements with administrative staff for payment. In an effort not to disrupt construction, critical building permit inspections will continue to be done. Pictures will be accepted for certain inspections. They are also exploring the option of doing streamed inspections. Regarding the many planning studies in process, staff is working on ways to maintain community engagement, while following the social distancing recommendations. Public Works Director Sanders explained that the contractor for the County Road 5 improvement project missed some documents so bids are being rejected and the project will be re -bid in 2021. The St. Croix River crested today at 682 negating downtown flooding concerns. He added that maintaining the sanitary sewer system will be the Public Works Department's priority as it is considered a critical function. All public restrooms in parks will remain closed and porta potties might be placed in the parks. Trash will be collected on a regular basis. City Administrator McCarty stated most of the professional organizations have cancelled their seminars, webinars, conferences and training sessions through April. The team that is reviewing options for integrating public works and water board operations continues to meet every other week. Baselines have been developed for all current functions and the group will move into the development of options. CONSENT AGENDA February 18, 2020 regular meeting minutes February 25, 2020 regular meeting minutes Payment of Bills Resolution 2020-029, approving name change from H&H Inc. to BP Gas Inc., dba Greeley BP Cruisin' on the Croix Car Show Event and Contract Mass Emergency Notification System Contract (Code Red) Resolution 2020-030, resolution granting license to Matthew Rydeen for the operation of Horse Drawn Carriage Rides on City Streets Resolution 2020-031, resolution approving Lease of dock space from St. Croix Boat & Packet Page 3 of 7 City Council Meeting March 17, 2020 Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2019-25, to consider amending the City's sign regulations. Specifically. this amendment would be to consider changing the sign regulation section of the City's Zoning Code (City Code Ch. 31) by allowing electric message center signage to some areas of the City, by addressing content neutrality and commercial speech concerns, by re -organizing the regulations to improve understandability, and other organizational and clerical changes (tabled from the 1/7 Council meeting). This public hearing was postponed until further notice. CPC Case 2020-05 to consider an appeal request by the City of Stillwater, applicant, for the reconsideration of the HPC's denial of Case No 2020-03, South Main Street Retaining wall design. Property located at the south end of Main Street, adjacent to the South Main Street Public Stairway. This public hearing was postponed until the next meeting. UNFINISHED BUSINESS Contract for Chestnut Street Plaza Design and Construction Community Development Director Turnblad reported that the City received ten design and construction administration proposals for the Chestnut Street Plaza. A selection committee interviewed three finalists and recommends TKDA for a fee of $261,125. The total budget, including design and construction costs, is $2 million. Motion by Councilmember Collins, seconded by Councilmember Weidner, to adopt Resolution 2020-032, resolution Approving Contract with TKDA, Inc. for Professional Services to Design and Administer Construction of the Chestnut Street Plaza. All in favor. NEW BUSINESS CONTINUED City of Oak Park Heights Allen S. King Plan Decommissioning and Reuse Advisory Panel City Administrator McCarty explained that Xcel Energy has announced that the Allen S. King Plant will close in 2028. The City of Stillwater has been invited to participate in the City of Oak Park Heights Allen S. King Plan Decommissioning and Reuse Advisory Panel. This Panel has been formed to facilitate an educational and visioning process that will consider a broad spectrum of opportunities and constraints as well as the preparation of very preliminary conceptual master plans that can visually demonstrate options for future concept discussions. Motion by Councilmember Weidner, seconded by Councilmember Collins, to appoint City Administrator McCarty or his designee to the Reuse Advisory Panel. All in favor. Neal Avenue Improvement Project Approval of Plans & Specs and Order Ad for Bids Public Works Director Sanders informed the Council that plans and specifications for the Neal Avenue Improvement Project are near completion, and staff is requesting approval for Page 4of7 City Council Meeting March 17, 2020 the plans and specifications and authorization to bid. He added that there was a glitch when doing a title search. Staff thought the City had easement for the road and trail construction but it does not. So staff wishes to go forward with plans and specs and build it over two phases: 1) everything north of Walnut Creek in 2020, and 2) the south portion of the project from Walnut Creek to Boutwell Road to be done by July 2021. Assessment amounts would remain the same, and the City would assess only that portion where the improvement is done. There would be two separate assessment hearings. Bid opening is set for April 17 and bid results will be presented at the April 21 meeting. It is recommended that the Council approve plans and specifications and order advertisement for bids for the project. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2020-033, approve Plans & Specifications and Ordering Advertisement for Bids for Neal Avenue Improvement Project (Project 2019-08). All in favor. Neal Avenue Parking Restriction Public Works Director Sanders stated that because Neal Avenue is designated as a Municipal State Aid Street, planned improvements must follow requirements in the design/construction of the street. One of these requirements deals with the width of street. Neal Avenue is proposed to be constructed at a width of 32 feet. State Aid standards for a 32 foot wide street are for two travel lanes and one parking lane. Therefore, the City is required to restrict parking on one side of the street. It is proposed to restrict parking on the west side of Neal Avenue from Boutwell Road to Browns Creek Trail, and on the east side from Browns Creek Trail to McKusick Road with restricted parking memorialized in a Resolution. Councilmember Weidner asked, how did staff decide which side to restrict parking and did they involve homeowners in the discussion of the restriction on the west side; and Mr. Sanders answered that the west edge of the road is on the west property line. The desire was to push the road work away from that to minimize disruption. As designed with bump - outs, it fits better to have parking on the west side of the road on that section. Going further to the north by Browns Creek Trail, the alignment of the McKusick intersection dictated putting the parking on the east side of the road. Councilmember Weidner noted there will be a long term impact of having parking across the street from the homes. It does not make sense to him to park across the street from those homes; and Mr. Sanders responded that it was a tough decision. Staff felt the current proposal is the best design. There is more parking available on the east side of the road than on the west side, and fewer driveways affected. Councilmember Weidner then questioned if there was neighborhood involvement, and does this decision have to be made tonight; and Mr. Sanders replied that to obtain State Aid funding, the Council needs to adopt a no parking resolution, but the bid opening will not be until April 17 so the decision may be deferred to the next meeting. Councilmember Weidner suggested tabling the issue and contacting homeowners for input. Motion by Councilmember Weidner, seconded by Councilmember Collins, to table the approval Parking Restrictions on west side of S.A.P. 169-117 003 (Neal Avenue) from Boutwell Road to Browns Creek State Trail and on east side from Browns Creek Trail to McKusick Road in the City of Stillwater, Minnesota, until the next meeting. All in favor. Page 5 of 7 City Council Meeting March 17, 2020 Ordinance Amending Stillwater City Code Sec 23-1, Fire Department City Clerk Wolf explained that several Chapters of the City Code need updating. She explained each ordinance that is proposed to be amended and/or repealed and enacted upon. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt first reading of an ordinance amending the Stillwater City Code Sec 23-1, Fire Department. All in favor. Ordinance Amending Stillwater City Code Sec 51-5, Snow Emergencies Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt first reading of an ordinance amending the Stillwater City Code Sec 51-5, Snow Emergencies. All in favor. Ordinance Amending Stillwater City Code Sec 33-1, Adopting the State Building Code and Fire Code Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt first reading of an ordinance amending the Stillwater City Code Sec 33-1, adopting the State Building Code and Fire Code to perpetually include their most current editions, as amended from time to time including optional appendix chapters. All in favor. Ordinance Repealing Stillwater City Code Section 27-1 and Enacting Sections 27-4 and 27-5 Regarding Licensing of Dogs, Potentially Dangerous Dogs and Dangerous Dogs Councilmember Junker pointed out that subchapter 10, disposition of unclaimed animals, indicates that five days from impound, if not reclaimed, it looks like the animal is disposed. City Attorney Land clarified that this ordinance does not require that the dogs be disposed permanently, but they could be adopted. Police Chief Gannaway added that the Humane Society always tries to find a home for the dog first. Staff goes to tremendous lengths to reunite pets with their owners. The City usually only keeps dogs for 12-20 hours and then they are taken to the Humane Society, which keeps them for 5 days and tries to find a home for them. Mayor Kozlowski stated it should be made clear to the public that the City of Stillwater is not disposing of dogs. They go to the Humane Society. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt first reading of an ordinance repealing Stillwater City Code Section 27-1 and enacting Sections 27-4 and 27- 5 regarding the licensing of dogs, potentially dangerous dogs and dangerous dogs. All in favor. Ordinance Amending Stillwater City Code Section 41-2, Licensing of Tobacco Sales; Possession and Use Motion by Councilmember Collins, seconded by Councilmember Weidner, to adopt first reading of an ordinance amending Stillwater City Code Section 41-2, licensing of tobacco sales; possession and use. All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski thanked the staff for the lengths to which they are going to respond to the COVID-19 situation. Page 6 of 7 City Council Meeting March 17, 2020 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:04 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2020-027, Mike Kuehn Resolution 2020-028, resolution declaring a local emergency Resolution 2020-029, approving name change from H&H Inc. to BP Gas Inc. dba Greeley BP Resolution 2020-030, resolution granting license to Matthew Rydeen for the operation of Horse Drawn Carriage Rides on City Streets Resolution 2020-031, resolution approving Lease of dock space from St. Croix Boat & Packet Resolution 2020-032, resolution Approving Contract with TKDA, Inc. for Professional Services to Design and Administer Construction of the Chestnut Street Plaza Resolution 2020-033, approve Plans & Specifications and Ordering Advertisement for Bids for Neal Avenue Improvement Project (Project 2019-08) Page 7 of 7 Page 1 LIST OF BILLS Able Hose & Rubber Inc. Action Rental Inc. Advance Auto Parts Advanced Graphix Inc. Air Down There Ancom Communication Inc. Aspen Mills Beacon Athletics Berwald Kathleen BHE Community Solar Blue Tarp Financial Board of Water Commissioners Braden Construction Inc. Brueghel Judith Campus Labs CBL Floors CDW Government Inc. CenturyLink Century Power Equipment Cintas Corporation Cole Papers Collaborative Design Group Inc. Commander Project LLC Computer Integration Technologies Coverall of the Twin Cities Crysteel Truck Equip Dalco Darlings Sales & Service Company Dell Marketing L.P. ECM Publishers Ecolab Edwards Amanda Emergency Automotive Emergency Medical Products FleetPride Fleischhaker Dave Goodyear Commercial Tire Grainger Granicus Inc Guardian Supply Hansen Steve Hawk Labeling System Heritage Printing Inc. Holiday Companies I/O Solutions Inc. Supplies Lift rental Equipment repair supplies SCBA tank patches Equipment Headset & batteries Uniforms & Supplies Supplies Reimburse for router - COVID-19 Solar Energy Equipment repair supplies WAC Charges City Hall Project Reimburse for hand sanitizer - COVID-19 Feedback systems Carpet COVID-19 supplies Telephone Equipment repair supplies Uniforms & Mat Cleaning COVID-19 supplies Lowell Park Pavilion & Levee Wall Refund of liquor license Heirloom & Landmark Website Commercial cleaning services Feb 1-22 Equipment repair supplies Janitorial & COVID-19 supplies Gear dryer Extra laptops - COVID-19 Publications Supplies Utility Billing Refund Marked patrol vehicle leases Supplies - COVID-19 Equipment repair supplies Reimburse for work boots Tires Supplies Website upgrade Uniforms & Supplies Reimburse for COVID-19 supplies & equipment Fire Supplies Crime Alert door hangers Vehicle washes NFSI - T4 293.03 432.00 379.35 315.00 1,216.99 1,133.00 831.22 876.48 321.36 4,657.92 99.55 9,108.00 16, 644.07 22.00 500.00 3,944.00 756.99 482.01 15.71 808.64 324.86 4,170.63 2,278.13 951.25 405.00 573.28 3,127.83 11,495.00 3,167.44 80.75 57.95 138.30 12,516.52 142.45 40.29 160.00 139.97 2,241.13 7,140.00 3,454.41 825.22 141.40 206.50 365.00 62.00 Page 2 IAPE IDC Auotmatic Jefferson Fire and Safety Inc. Kirvida Fire Inc. L.T.G. Power League of MN Cities Ins Tr Lemoine Chyrisse LeVander Gillen Miller PA Loffler Companies Loucks Associates MacQueen Equipment Inc. Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Middle St Croix Watershed WMO MK Mechanical Inc MN Dept of Ag MN Dept of Driver & Vehicle Services DPS MN Dept of Labor and Industry Modern Heating & Air MSP Outdoor Services Inc Municipal Emergency Services My Alarm Center NAPA Auto Parts Newman Signs Northland Graphics Now I Lay Me Down To Sleep Office Depot O'Reilly Auto Parts Overhead Door Co Performance Plus LLC Post Board Primary Products Co. Quadient Leasing Quill Corporation Rehn Code Consulting Services Robole Donna Run Stillwater Inc Safe Fast Inc Sharp Auto Parts LLC Simplifile LC SRF Consulting Group St. Croix Boat and Packet Co. Stillwater Motor Company Streichers Summit Companies New member video class Garage doors Fire Equipment & Turnout Gear Vehicle service Equipment repair supplies Quarterly Municipality Insurance Reimburse for food for reserves Legal Professional Services VMware Curve Crest Lakeview Feasibility Piranha segment Fuel Disconnect electrical panel Lowell Park stage General and COVID-19 Supplies Monthly SAC Watershed Management payment Heater repair Cleanup Costs Forfeiture 2012 Harley Davidson Roadglide Quarterly Surcharge Building repair charges Snow removal 2500 Orleans St Fire Gloves Alarm monitoring Equipment repair supplies Sheeting Date stamp - finance Security deposit refund Office Supplies Equipment repair supplies Annual preventive maint Respirator review Membership Purple Nitrile gloves Folding Machine Lease Office & Covid-19 Supplies Plan review Reimburse for Wellness Program expenses Refund - Stillwater Half Marathon canceled Covid-19 supplies Ford pickup front door Filing fee - CPC ADA Transition Plan Ramp cleaning Fenders Training Equipment repair charges & Inspection 75.00 11,555.00 17,528.95 1,936.18 104.95 3,154.00 40.00 12,473.98 1,422.00 720.00 472.96 7,908.75 307.00 896.12 19,681.20 21,969.35 1,039.00 107.68 25.00 3,171.07 1,541.00 300.00 232.00 422.52 130.48 738.00 41.95 1,000.00 1,484.23 43.38 1,275.00 750.00 720.00 475.85 1,174.05 27.13 949.50 64.95 100.00 1,263.56 450.00 100.00 1,534.06 810.00 919.83 263.62 630.00 Page 3 Tablet Command Inc Team Viewer Germany GmbH Titan Machinery Shakopee Tri-State Bobcat Uline Inc Verizon VSA Inc Washington County Property Taxes Washington County Public Safety Radio Winnick Supply Wittman Abbi Jo Ziegler Inc. REC CENTER AE2S Construction (EIM) AT&T Mobility Becker Arena Products Cintas Corporation Comcast Ebert Construction Heritage Printing Inc. Holiday Credit Office Mavo Systems Inc Menards St. Croix Boat and Packet Co. Uline Inc LIBRARY Amazon Business Brodart Co Card Source Cintas Corporation Cole Papers Davila Rachelle Friends of the Stillwater Public Library Grainger Loffler Companies Menards Midwest Tape Office of MN IT Services One23 Events LLC Overhead Door Co Petrie Angela Textile Center Uline Inc Tablet Command Subscription Remote support software - COVID-19 Equipment repair supplies Equipment repair supplies Supplies - Covid-19 Wireless Services DataVideo Taxes on Newly Acquired Property 800 Radio user fees Equipment repair supplies Reimburse for expenses Equipment repair supplies Dome Project Cell phone Vinyl Mat cleaning service TV Internet & Voice Dome Project Hockey Printing Fuel Clean supply duct for RTU Equipment repair supplies Arena Billing Lanyards Materials Materials Library Cards Towels & Rugs Janitorial Supplies Refund due to COVID Friends Reimbursement Toilet Repair Supplies Printer/Copier Contract19 Janitorial Supplies Materials Phone - Feb 2020 March 2020 Monthly Fee Parking Ramp Exit Gate PLA Conference -Petrie Programs - Adult (235 Anon) Nitrile Gloves (COVID-19) 5,000.00 1,069.20 631.06 325.67 933.00 2,931.07 1,215.00 166.00 9,901.98 208.68 10.00 513.42 618.45 67.13 272.43 103.00 447.23 24,285.95 1,891.20 45.51 4,730.00 301.50 122,616.78 138.50 124.88 6,520.53 530.45 75.04 131.74 330.00 114.00 488.49 639.64 43.70 590.52 143.70 2,000.00 1,797.00 979.14 325.00 72.89 Stiliwater Administration Date: April 1, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll -off Hauler License DISCUSSION: Advanced Disposal Services, Inc. has submitted the required information and fee for renewal of their 2020 Solid Waste, Recycling and Roll -off Hauler License. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting resolution APPROVING SOLID WASTE, RECYCLING AND ROLL -OFF HAULER LICENSE contingent upon the satisfactory completion of application submittal requirements. APPROVING SOLID WASTE, RECYCLING AND/OR ROLL -OFF HAULER LICENSE WHEREAS, Advanced Disposal Services, Inc. has submitted an application for renewal of their hauler license for 2020; and WHEREAS, approval is contingent upon satisfactory completion of application submittal requirements. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a Commercial Solid Waste/Recycling or Roll -off Hauler License for Advanced Disposal Services, Inc. Adopted by Council this 7th day of April 2020. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk ORDINANCE 1139 AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SEC. 23-1, FIRE DEPARTMENT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. Chapter 23-1, Subd. 6(1) of the Stillwater City Code to herafter read as follows: (1) A permit issued by the fire chief or an authorized party is required before a tank may be installed, modified or removed The fee for each tank permit shall be in accordance with the fee schedule adopted by the City Council, from time to time, by separate resolution. 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council this 7th day of April, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ORDINANCE 1140 AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SEC. 51-5, SNOW EMERGENCIES The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. Chapter 51-1, Subd. 5(g) of the Stillwater City Code to read as follows: (g) Streets in the CBD zoning district except for i. The hours between 2:00 a.m. and 6:00 a.m.; ii. The north side of Myrtle Street between Main Street and Third Street; iii. The east side of Union Alley between Chestnut Street and Myrtle Street; iv. The north side of Nelson Street between Second Street South and Main Street; and v. The south side of Nelson Alley between Second Street South and Main Street. 2. Adding. Chapter 51-1, Subd. 5(h) of the Stillwater City Code to read as follows: (h) Owens Street between Wilkins Street and St. Croix Avenue. 3. Amending. Chapter 51-1, Subd. 6 of the Stillwater City Code to read as follows: (6) After all snow has been cleared, parking is allowed only on the a. West of Third Street North from Myrtle Street to Laurel Street; b. South side of Pine Street East from Broadway to Third Street South; c. North side of Pine Street from Greeley Street South to Seeley Street South; d. South side of Myrtle Street West from Third Street North to Fifth Street North; e. East and north side of Orleans Street West from Curve Crest Boulevard to Highland Road; f. West side of Fourth Avenue South from Orleans Street to Burlington Avenue; g. South side of Burlington Avenue from Fourth Avenue South to Fifth Avenue South; h. South side of Laurel Street from Fifth Street North to 100 feet to the west; i. East side of Second Street North from Laurel Street to Aspen Street; j. Pine Street West from Fourth St South to Holcombe Street South k. North side of Orleans St West from Fourth Street South to Harriet Street; 1. South side of Orleans West from Harriet Street to Everett Street South; m. Churchill Street West from Holcome Street South to Everett Street South. Needs clarification of which streets are affected in the CBD zoning district as well as subd. 6 has many sections of roads that have been previously approved by Council through Resolution 4. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 5. 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 amendment provides clarification of which streets are affected in the CBD zoning district, as well as Subd. 6 includes many sections of roads that have been previously approved by Council through Resolution. 6. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council this 7th day of April, 2020. ATTEST: /s/ Beth Wolf Beth Wolf, City Clerk CITY OF STILLWATER /s/ Ted Kozlowski Ted Kozlowski, Mayor Page 2 of 2 ORDINANCE 1141 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SEC. 33-1, ADOPTING THE STATE BUILDING CODE AND FIRE CODE TO PERPETUALLY INCLUDE THEIR MOST CURRENT EDITIONS, AS AMENDED FROM TIME TO TIME, INCLUDING OPTIONAL APPENDIX CHAPTERS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. Chapter 33-1, Subd. 1-5, of the Stillwater City Code to read as follows: Subd 1: Codes by Reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry, pursuant to Minnesota Statutes Chapter 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein (the "MN State Building Code"). Subd. 2. Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes §326B, Subd. 2(d), when so established by this ordinance. The code enforcement agency is the City of Stillwater. This code shall be enforced by the Minnesota Certified Building Official, employed by the City, to administer the code in accordance with Minn. Stat. §326B.133, Subd. 1. Subd. 3. Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Rules Chapter 1300. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City Council by separate resolution, from time to time. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minn. Stat. §326B.148Subd. 4. Violations and penalties. A violation of the code is a misdemeanor (Minn. Stat. §326B.082, Subd. 16). Subd. 5. Building Code Optional Chapters. The following optional chapters, and any amendments thereafter, are hereby adopted and incorporated as part of the State Building Code for the City of Stillwater: i. Chapter 1306, Special Fire Protection Systems, 1306.0020, subp. 2, existing and new buildings; Appendix B — Fire Flow Requirements Appendix C — Fire Hydrant location and Distribution Appendix D — Fire Apparatus Access Roads Appendix 0 — Fires or Barbecues on Balconies and Patios Appendix P — Emergency Responder Radio Coverage ii. International Building Code, Appendix Chapter J (Grading). See Chapter 1300. 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. 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 State Building Code and Fire Code chapters of the City Code to reflect the current Minnesota State Building Code and to perpetually include the most current editions, as amended from time to time, including optional appendixes. 4. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council this 7th day of April, 2020. CITY OF STILLWATER /s/ Ted Kozlowski ATTEST: /s/ Beth Wolf Beth Wolf, City Clerk Ted Kozlowski, Mayor Page 2 of 2 ORDINANCE NO. 1142 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE REPEALING STILLWATER CITY CODE SECTION 27-1 AND ENACTING SECTIONS 27-4 AND 27-5 REGARDING THE LICENSING OF DOGS, POTENTIALLY DANGEROUS DOGS AND DANGEROUS DOGS The City Council of the City of Stillwater does ordain: SECTION 1. REPEAL. Section 27-1 of the City Code, Dogs and other animals, is hereby repealed in its entirety. SECTION 2. ENACTMENT. Section 27-4 of the City Code, Dogs and other animals, is hereby enacted as follows: Sec. 27-4. - Dogs and other animals. Subd. 1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Animal means a dog, cat or other animal. Animal shelter means any premises designated by the city council for the purpose of impounding or caring for animals held under the authority of this chapter. At large means off the owner's premises and not under the control of the owner or a member of his immediate family either by leash, cord or chain, or similar physical restraint. Kennel means any place where four or more dogs over six months of age are kept, owned, boarded, bred or offered for sale. Owner means a person who harbors, feeds, boards, possesses, keeps or has custody of an animal. Pet shop means any owner engaged in the business of breeding, buying, selling or boarding animals of any species. Subd. 2. License required. It is unlawful for a person to own, harbor or keep a dog over the age of six months within the city unless the person has obtained a license for the dog. An owner has 30 days after becoming a city resident to obtain a license. The license application shall include: (1) The name and address of the owner. (2) The name and address of the person making application, if other than the owner. (3) The breed, sex and age of the dog for which a license is sought. (4) A certificate of vaccination for rabies from a qualified veterinarian. Subd. 3. License term. Except for dangerous dog licenses, which are issued for a one- year term, all other dog licenses may be issued either for a 3-year term or a lifetime license that is valid for the lifetime of the dog (including a potentially dangerous dog, but not including a dangerous dog). For a lifetime license, the owner shall provide proof of a current rabies vaccination certificate to the City Clerk every three years. Subd. 4. License fee. No license will be issued for a dog unless the owner pays the license fee, as established in the City's fee schedule. Reductions in fees may be made based on whether the dog is sterilized or electronically tagged with a microchip. Subd. 5. Tag description and duplicate fee. Upon completion of a license application, submission of a certification of vaccination valid for the license term, and payment of the license fee, the City Clerk shall issue a metallic tag, stamped with a number and expiration year of the license, if applicable. Duplicate tags are available for an additional fee. Owners shall comply with the following requirements: (1) Tag to be worn. Tags must be valid and securely fastened to the dog's chain or collar or harness, at all times. (2) Nontransferable. Licenses and tags are not transferable from one dog to another or from one owner to another. (3) Dangerous dog tags. Dangerous dogs shall wear tags that comply with section 27-5. Subd. 6. Limitation on number of dogs. A person must not keep more than a total of three dogs that are older than four months on any residential premises within the city. Subd. 7. Running at Large. (1) Except within the designated area at the City's off -leash dog park, no dog shall be allowed to run at large. An animal is running at large if the animal: (a) Is not effectively contained within a fenced area; or (b) Is on any unfenced area or lot abutting a street, alley, public park, public place or upon any other private land without being effectively restrained by chain or leash that is no longer than 6 feet, or an electronic pet containment device that prevents it from moving beyond such unfenced area or lot; or Page 2 of 14 (c) Is on any street, public park, school grounds or public place without being effectively restrained by chain or leash. (2) The license holder, owner or keeper of any animal will be responsible for the effective restraint of the animal and must not permit the animal to run at large. Subd. 8. Impounding. Any officer or any person duly authorized by the City may capture and seize any animal found running at large within the City contrary to the provisions of this section. Subd. 9. Redemption. Any animal seized and impounded may be redeemed by any person producing a license or proving ownership by a statement in writing within five days after such seizure and impounding and by paying the impound fee, plus any additional boarding costs, redemption fees, license fees or special call-back services costs incurred by the City by the impoundment and, upon presentation of payment, the City will release the animal to the owner. If the animal is unlicensed, a license must be obtained before it may be released. If the owner of the seized or impounded animal under the provisions of this section does not reclaim possession of the animal in compliance with the foregoing provisions within five days after the seizure or impounding, the owner will forfeit all right of property in the animal. Subd. 10. Disposition of unclaimed animals. At the expiration of five days from the time the animal is impounded as provided for in this section, if the animal is not reclaimed according to the provisions in this section, it will be the duty of the City to dispose of the animal in a humane manner and according to law. Subd. 11. Nuisances committed by animals; owner responsibility. (1) Habitual barking or crying. It shall be unlawful for any owner to keep an animal in the City that habitually barks or cries. Habitual barking shall be defined as barking or crying for repeated intervals of at least three minutes with less than one minute of interruption. Barking or crying must be audible off of the owner's premises. (2) Damage to property. It shall be unlawful for any owner's animal to damage any lawn, garden, or other property of another, whether or not the owner has knowledge of the damage. (3) Diseased animals. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to be at large in the City, any animal which is diseased so as to be a danger to the health and safety of the City, even though the animal is properly licensed under this section. Subd. 12. Cleaning up of litter. Page 3 of 14 (1) The owner of any animal or any person having the custody or control of any animal will be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner. (2) A person who owns, keeps or harbors an animal must not allow or cause the animal to be on property, other than the owner's own property, without having tools or equipment in his or her immediate possession that are suitable for the removal of animal fecal material. (3) All fecal materials deposited by the animal must be promptly and effectively removed from the ground or surface and deposited in a sanitary manner. (4) The provisions of this section will not apply to the ownership or use of civilian service dogs or police enforcement dogs. Subd. 13. Care of and cruelty to animals. No owner shall fail to provide any animal with sufficient food and water, proper shelter and veterinary care when needed. No person shall beat, cruelly treat, torment or otherwise abuse any animal or cause or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans. No owner of an animal shall abandon such animal. Subd. 14. Interfering with enforcement. A person must not interfere with any City official, animal control officer or police officer while engaged in performing work under the provisions of this section. Subd. 15. License requirements to nonresidents. The subdivisions of this section requiring a license shall not apply to nonresidents of the City, provided that dogs of such owners shall not be kept in the City longer than 30 days without a license. SECTION 3. ENACTMENT. Section 27-5 of the City Code, Dangerous or potentially dangerous dog, is hereby enacted as follows: Sec. 27-5. - Dangerous or potentially dangerous dog. Subd. 1. Adoption by reference. Except as otherwise provided in this section, the regulatory and procedural provisions of Minn. Stat. §§ 347.50 to 347.565, as they may be amended from time to time (commonly referred to as the "dangerous dog regulations") are adopted by reference. Subd. 2. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Dangerous Dog means a dog that: Page 4 of 14 (1) Has when unprovoked, inflicted substantial bodily harm on a human being on public or private property; (2) Has killed a domestic animal when unprovoked while off the owner's property; (3) Has attacked one or more persons on two or more occasions; or (4) Has been found to be potentially dangerous and after the owner has notice of the same, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals. Dog means both the male and female of the canine species, commonly accepted as domesticated household pets. Great Bodily Harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Owner means any person or persons, firm, corporation, organization, department or association owning, possessing, harboring, keeping, having an interest in, or having care, custody or control of a dog. Maintenance Costs means any costs incurred as a result of seizing an animal for impoundment, including, but not limited to, the capturing, impounding, keeping, treating, examining, securing, confining, feeding, destroying, boarding or maintaining seized animals, whether these services are provided by the city or the pound. Potentially Dangerous Dog means a dog that: (1) Has when unprovoked, inflicted a bite on a human or domestic animal on public or private property; (2) Has when unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the owner's property, in an apparent attitude of attack; or (3) Has a known propensity, tendency or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Proper Enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the dog from escaping and to provide protection for the dog from the elements. A proper enclosure does not include a porch, patio or any part of a house, garage or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the dog from exiting. The enclosure shall not allow the egress Page 5 of 14 of the dog in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: (1) A minimum overall floor size of 32 square feet; (2) Sidewalls shall have a minimum height of five feet and be constructed of 11-gauge or heavier wire. Openings in the wire shall not exceed two inches, support post shall be one and one-fourth inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground; (3) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and openings in the wire shall not exceed two inches; and (4) An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and openings in the wire shall not exceed two inches. The gate shall be self -closing and self-locking. The gate shall be locked at all times when the dog is in the pen or kennel. Substantial Bodily Harm means bodily injury that involves a temporary but substantial disfigurement, or that causes a temporary but substantial loss or impairment of the function of any bodily member or organ or that causes a fracture of any bodily member. Unprovoked means the condition in which the dog is not purposely excited, stimulated, agitated or disturbed. Subd. 3. Declaration of dangerous or potentially dangerous dog. (1) A police officer, community service officer, animal control officer or other authorized city employee may declare a dog to be dangerous or potentially dangerous when the officer has probable cause to believe that a dog is dangerous or potentially dangerous. The following factors will be considered in determining a dangerous or potentially dangerous dog: (a) Whether any injury or damage to a person by the dog was caused while the dog was protecting or defending a person or the dog's offspring within the immediate vicinity of the dog from an unjustified attack or assault; (b) The size and strength of the dog, including jaw strength, and the animal's propensity to bite humans or other domestic animals; and (c) Whether the dog has wounds, scarring, is observed in a fight, or has other indications that the dog has been or will be used, trained or encouraged to fight with another animal or whose owner is in possession of any training Page 6of14 apparatus, paraphernalia or drugs used to prepare such dogs to fight with other animals. (2) Beginning six months after a dog is declared dangerous or potentially dangerous, an owner may request annually that the city review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training or other factors. If enough evidence is provided, the City may rescind the designation. (3) Exceptions. The provisions of this section do not apply to the following situations: (a) Dogs used by law enforcement; or (b) If the threat, injury or danger was sustained by a person who was: (i) Committing a willful trespass or other tort upon the premises occupied by the owner of the dog; (ii) Provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing or assaulting the dog; or (iii) Committing or attempting to commit a crime. Subd. 4. License required. The owner must annually license dangerous dogs with the city and must license a newly declared dangerous or potentially dangerous dog within 14 days after notice that a dog has been declared dangerous or potentially dangerous. Regardless of any appeal that may be requested, the owner must comply with the requirements of Minn. Stat. § 347.52(a) and (c), as they may be amended from time to time, regarding proper enclosures and notification to the City upon transfer or death of the dog, until and unless a hearing officer or court of law reverses the declaration. (1) Process for dangerous dogs. The City will issue a license to the owner of a dangerous dog if the owner presents sufficient evidence that: (a) There is a proper enclosure; (b) Written proof that there is a surety bond by a surety company authorized to conduct business in the state in the sum of at least $300,000, payable to any person injured by a dangerous dog, or receipt of a copy of a policy of liability insurance issued by an insurance company authorized to do business in the state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog. The surety bond or insurance policy shall provide that no cancellation of the bond or policy will be made unless the City is notified in writing by the surety company or the insurance company at least ten days prior to the cancellation; Page 7of14 (c) The owner has paid the annual license fee for dangerous dogs; (d) The owner has had a microchip identification implanted in the dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the owner, it may be implanted by the City at the owner's expense; and (e) The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within 30 days, the City may seize the dog and sterilize it at the owner's expense. (2) Process for potentially dangerous dogs. The City will issue a license to the owner of a potentially dangerous dog if the owner presents sufficient evidence that: (a) There is a proper enclosure; (b) The owner has paid the license fee; and (c) The owner has had a microchip identification implanted in the potentially dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the City. If the microchip is not implanted by the owner, it may be implanted by the City at the owner's expense. (3) Inspection. A pre -license inspection of the premises to ensure compliance with the City code is required. If the City issues a license to the owner of a dangerous or potentially dangerous dog, the City shall be allowed at any reasonable time to inspect the dog, the proper enclosure and all places where the animal is kept. (4) Warning symbol. The owner of a dangerous dog licensed under this section must post a sign with the uniform dangerous dog warning symbol on the property in order to inform children that there is a dangerous dog on the property. The sign will be provided by the City upon issuance of the license. (5) Tags. A dangerous dog licensed under this section must wear a standardized, easily identifiable tag at all times that contains the uniform dangerous dog symbol, identifying the dog as dangerous. The tag shall be provided by the City upon issuance of the license. (6) License fee. The City will charge the owner a license fee for a dangerous or potentially dangerous dog pursuant to the City's fee schedule. Subd. 5. Properly restrained in proper enclosure or outside of proper enclosure. While on the owner's property, an owner of a dangerous or potentially dangerous dog must keep it in a proper enclosure. Inside a residential home, there must be a secured area maintained where the dog will stay when persons other than family members are present. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash no longer than four feet and under the physical restraint of an adult. The muzzle Page 8 of 14 must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. Subd. 6. Notification requirements to City. (1) Relocation or death. The owner of a dog that has been declared dangerous or potentially dangerous must notify the City Clerk or Police Department in writing if the dog is to be relocated from its current address or if the dog has died. The notification must be given in writing within 30 days of the relocation or death. The notification must include the current owner's name and address, and the new owner's name and the relocation address. If the relocation address is outside of the City, the City may notify the local law enforcement agency of the transfer of the dog into its jurisdiction. (2) Renter's obligations. A person who owns or possesses a dangerous or potentially dangerous dog and who will rent property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal periods that the person owns or possesses a dangerous or potentially dangerous dog that will reside at the property. A dog owner, who is currently renting property, must notify the property owner within 14 days of city notification if the owned dog is newly declared as dangerous or potentially dangerous and the owner keeps the dog on the property. (3) Transfer of ownership into the City. No dog that has been previously determined to be dangerous or potentially dangerous by another jurisdiction shall be kept, owned or harbored in the City, unless the dog's owner complies with the requirements of this section prior to bringing the dog into the city. Dogs in violation of this division are subject to impoundment and destruction. Subd. 7. Seizure. The City may immediately seize any dangerous or potentially dangerous dog if: (1) After 14 days after the owner has notice that the dog is declared dangerous or potentially dangerous, the dog is not validly licensed and no appeal has been filed; (2) After 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required or such required insurance is cancelled; (3) The dog is not maintained in a proper enclosure; (4) The dog is outside the proper enclosure and not under proper restraint, as required by subdivision 5 above; (5) After 30 days after the owner has notice that the dog is dangerous, the dog is not sterilized, as required by subdivision 4(1)(e) above; and Page 9 of 14 (6) The dog's microchip has been removed. Subd. 8. Reclamation. A dog seized under subdivision 7 above may be reclaimed by the owner of the dog upon payment of maintenance costs and presenting proof to the city that the requirements of this section have been met. A dog not reclaimed under this subdivision 8 within seven days may be disposed of and the owner will be liable to the City for maintenance costs. A person claiming an interest in a seized dog may prevent disposition of the dog by posting a security in an amount sufficient to provide for the dog's maintenance costs. The security must be posted with the city within seven days of the seizure inclusive of the date seized. Subd. 9. Subsequent offenses: seizure. If a person has been convicted of violating a provision of this section, and the person is charged with a subsequent violation relating to the same dog, the dog may be seized. If the owner is convicted of the crime for which the dog was seized, the court may order that the dog be destroyed in a proper and humane manner and the owner pay the maintenance costs. If the owner is not convicted and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of, used for research or destroyed. Subd. 10. Notice; hearings. (1) Notice. After a dog has been declared dangerous or potentially dangerous or has been seized for destruction, the City shall give notice by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include: (a) A description of the seized dog; the authority for and purpose of the declaration and seizure; the time, place and circumstances under which the dog was declared; and the telephone number and contact person where the dog is kept; (b) A statement that the owner of the dog may request a hearing concerning the declaration and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing; (c) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of Minn. Stat. § 347.52(a) and (c), as they may be amended from time to time, regarding proper enclosures and notification to the City upon transfer or death of the dog, until such time as the hearing officer issues an opinion; (d) A statement that if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all Page 10 of 14 other requirements of Minn. Stat. §§ 347.51, 347.515 and 347.52, as they may be amended from time to time; (e) A form to request a hearing; and (f) A statement that if the dog has been seized, all maintenance costs of the care, keeping and disposition of the dog pending the outcome of the hearing are the responsibility of the owner, unless a court or hearing officer finds that the seizure or impoundment was not reasonably justified by law. (2) Right to hearing. (a) After a dog has been declared dangerous, potentially dangerous or has been seized for destruction, the owner may appeal in writing to the City within 14 days after notice of the declaration or seizure. Failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing. The owner must pay a $100 fee for an appeal hearing. (b) The appeal hearing will be held within 14 days of the request. The hearing officer must be an impartial employee of the City or an impartial person retained by the city to conduct the hearing. (c) If the declaration or destruction is upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000, as well as all maintenance costs, will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision shall be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a copy shall be provided to the City. The decision of the hearing officer is final. Subd. 11. Destruction of certain dogs. The Police Chief and/or hearing officer are authorized to order the destruction or other disposition of any dog, after proper notice is given pursuant to subdivision 10 above and upon a finding that: (1) The dog has habitually destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; (2) The dog has been declared dangerous, the owner's right to appeal hereunder has been exhausted or expired and the owner has failed to comply with the provisions of this section; (3) It is determined that the dog is infected with rabies; (4) The dog inflicted substantial or great bodily harm on a human on public or private property without provocation; Page 11 of 14 (5) The dog inflicted multiple bites on a human on public or private property without provocation; (6) The dog bit multiple human victims on public or private property in the same attack without provocation; (7) The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or (8) The dog poses a danger to the public's health, safety or welfare. In determining whether the dog poses a danger to the public's health, safety or welfare, the following factors may be considered: (a) The dog weighs more than 20 pounds; (b) The strength of the dog, including jaw strength; (c) The dog's tolerance for pain; (d) The dog's tendency to refuse to terminate an attack; (e) The dog's propensity to bite humans or other domestic animals; (f) The dog's potential for unpredictable behavior; (g) The dog's aggressiveness; (h) The likelihood that a bite by the dog will result in serious injury. Subd. 12. Concealing of dogs. No person may harbor, hide or conceal a dog that the City has the authority to seize or that has been ordered into custody for destruction or other proper disposition. Subd. 13. Dog ownership prohibited. (1) Except as provided below, a person shall not own a dog if the person has been: (a) Convicted of a third or subsequent violation of subdivisions 4, 5 or 6 above or similar ordinance in another jurisdiction, or Minn. Stat. §§ 347.51, 347.515 or 347.52, as they may be amended from time to time; (b) Convicted of second degree manslaughter due to negligent or intentional use of a dog under Minn. Stat. § 609.205(4), as it may be amended from time to time; or Page 12 of 14 (c) Convicted of gross misdemeanor harm caused by a dog under Minn. Stat. § 609.226(1), as it may be amended from time to time. (2) Any person who owns a dangerous or potentially dangerous dog and is found to be in violation of any of the provisions of this section or had owned a dangerous or potentially dangerous dog but never achieved compliance with this section may be prohibited from ownership or custody of another dog for a period of five years after the original declaration. Any dog found to be in violation, may be impounded until due process is completed, pursuant to subdivision 10 above. (3) If any member of a household is prohibited from owning a dog in subdivision 13(1) or 13(2) above, unless specifically approved with or without restrictions by the City, no person in the household is permitted to own a dog. Subd. 14. Dog ownership prohibition review. (1) Beginning three years after a conviction under subdivision 13(1) or (2) above that prohibits a person from owning a dog, and annually thereafter, the person may request in writing to the Police Chief that the City review the prohibition. (2) The City may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the City deems appropriate. The city may rescind the prohibition entirely or rescind it with limitations. The City also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. (3) If the City rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the city may permanently prohibit the person from owning a dog in this state. Subd. 15. Penalties. (1) Unless stated otherwise, any person who violates a provision of this section is guilty of a misdemeanor. (2) Any person who is convicted of a second or subsequent violation of any provision of subdivisions 4, 5 or 6 above is guilty of a gross misdemeanor. (3) Any person who violates subdivision 13 above, whether an owner or household member, is guilty of a gross misdemeanor. SECTION 4. 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 Page 13 of 14 summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance repeals and replaces the dog license section of the City Code. Dog licenses shall now be available for a 3-year period or for the life of the dog, at the owner's choice. The license fees for each license period will be set by the City Council in the City's Fee Schedule. The ordinance also enacts regulations for the licensing of potentially dangerous and dangerous dogs that threaten to harm or actually cause harm to animals or to people. There are requirements regarding proper enclosures, implanting of microchips, inspections, warning symbols and sterilization for these types of dogs. SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this 7th day of April, 2020. ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Page 14 of 14 ORDINANCE NO. 1143 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 41-2 - LICENSING OF TOBACCO SALES; POSSESSION AND USE The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. Stillwater City Code Section 41-2 relating to licensing of tobacco sales, possession and use is hereby amended as follows: Sec. 41-2. - Licensing of tobacco sales; possession and use. Subd. 1. Purpose. Because the city recognizes that many persons under 21 years of age purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both state and federal laws. Subd. 2. Definitions and interpretations. Tobacco or tobacco products means any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. Tobacco related devices means any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing sniffing, or smoking of tobacco or tobacco products. Self-service merchandising means open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention shall entail the actual physical exchange of tobacco, tobacco product or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco related device. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Loosies means a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term loosies does not include individual cigars with a retail price, before any sales tax, of more than $2.00 per cigar. Retail establishment means any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Moveable place of business means any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Sale means any transfer of goods for money, trade, barter or other consideration. Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this section. Compliance checks shall involve the use of persons between the ages of 18 and 21 as authorized by this section. Compliance checks shall also mean the use of persons between the ages of 18 and 21 who attempt to purchase tobacco, tobacco products or tobacco related devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. Subd. 3. License. No person may sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city. (1) Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices must be made on a form provided by the city. The application must contain the full name of the applicant, date of birth, driver's license number, social security number the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, names of all managers, addresses, date of birth, driver's license number, and any additional information the city deems necessary. The city clerk, with the assistance of the police chief or the chiefs designee, is responsible to see that background checks are done on all applicants and managers. Upon receipt of a completed application, the city clerk must forward the Page 2 of 8 application to city council for action at its next regularly scheduled council meeting. If the city clerk determines that an application is incomplete, he or she must return the application to the applicant with notice of the information necessary to make the application complete. (2) Action. The city council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. (3) Term. All licenses issued under this section are valid until December 31 of each calendar year. (4) Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in the violations and penalties subdivision of this section. (5) Transfers. All licenses issued under this section are valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person is valid without the prior approval of the city council. (6) Moveable place of business. No license may be issued to a moveable place of business. Only fixed location businesses are eligible to be licensed under this section. (7) Display. All licenses must be posted and displayed in plain view of the general public on the licensed premise. (8) Renewals. The renewal of a license issued under this section must be handled in the same manner as the original application. The request for a renewal must be made at least 60 days before the expiration of the current license. Subd. 4. Fees. No license may be issued under this section until the appropriate license fee is paid in full. The fee is set by the city council by resolution duly enacted from time to time. Subd. 5. Basis for denial of license. Any one of the following are grounds for denying the issuance or renewal of a license under this section; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the person was ineligible for the license under this subdivision. (1) The applicant is under the age of eighteen years Page 3 of 8 (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices, or any felony within the last ten years. (3) The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any information required on the application, or provides false or misleading information. (5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation, from holding such a license. (6) The location proposed is or has been maintained as a public nuisance, place of unlawful assembly, disrepute or criminal activity. Subd. 6. Prohibited sales. It shall be a violation of this section for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: (1) To any person under the age of 21 years. (2) By means of any type of vending machine, except as may otherwise be provided in this section. (3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product or tobacco related device between the licensee or the licensee's employee, and the customer. (4) By means of loosies as defined in Subd. 2 of this section. (5) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (6) By any other means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance provision or other regulation. Page 4 of 8 Subd. 7. Subd. 8. Subd. 9. Vending machines. It is unlawful for any person licensed under this section to allow the sale of tobacco, tobacco products or tobacco related devices by the means of a vending machine unless persons under the age of 18 are at all times prohibited from entering the licensed establishment. Self-service sales. It is unlawful for a licensee under this section to allow the sale of tobacco, tobacco products or tobacco related devices by any means where by the customer may have access to the items without having to request the item from the licensee or the licensee's employee and there is not a physical exchange of the tobacco, tobacco product or the tobacco related device between the licensee, clerk and the customer. All tobacco, tobacco products, and tobacco related devices must either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Responsibility. All licensees under this section are responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of an item by an employee is considered a sale by the license holder. Nothing in this section may be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this section, state or federal law, or other applicable law or regulation. Subd. 10. Compliance checks and inspections. All licensed premises must be open to inspection by the local law enforcement or other authorized city official during regular business hours. From time to time, but at least once per year, the city must conduct compliance checks by engaging persons between the ages of 18 and 21 years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Persons used for the purpose of compliance checks must be supervised by designated law enforcement officers or other designated city personnel. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law. Subd. 11. Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this section: Page 5 of 8 (1) Illegal sales. It is a violation of this section for any person to sell or otherwise provide any tobacco, tobacco product or tobacco related device to any person under the age of 21. (2) Illegal possession. It is a violation of this section for any person under the age of 21 to have in his or her possession any tobacco, tobacco product or tobacco related device. This subdivision shall not apply to persons lawfully involved in a compliance check. (3) Illegal use. It is a violation of this section for any person under the age of 21to smoke, chew, sniff or otherwise use any tobacco, tobacco product, or tobacco related device. (4) Illegal procurement. It is a violation of this section for any person under the age of 21 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device, and it is a violation of this section for any person to purchase or otherwise obtain tobacco items on behalf of a person under the age of 21. It is further a violation for any person to coerce or attempt to coerce a person under the age of 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco related device. This subdivision does not apply to a person lawfully involved in a compliance check. (5) Use of false identification. It is a violation of this section for any person under the age of 21 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (6) Location. The location proposed is or has been maintained as a public nuisance, place of unlawful assembly, disrepute, or criminal activity. (7) Obstructing compliance check. It is a violation of this section for any applicant or their employees to warn or notify another license holder in advance of the compliance check. Subd. 12. Violations. (1) Notice. Upon discovery of a suspected violation, the alleged violator must be issued, either personally or by mail, a citation that sets forth the alleged violation and which informs the alleged violator of his or her right to be heard on the accusation. Page 6 of 8 (2) Hearings. If a person accused of violating this section so requests, a hearing must be scheduled, the time and place of which shall be published and provided to the accused violator. (3) Hearing officer. The city council may serve as a hearing officer or appoint a hearing officer as they see fit. (4) Decision. If the hearing officer determines that a violation of this section did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under Subd. 13 of this section, must be recorded in writing, a copy of which must be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings must be recorded and a copy provided to the acquitted accused violator. (5) Appeals. Appeals of any decision made by the hearing officer must be filed in the district court for the jurisdiction of the city in which the alleged violation occurred. (6) Misdemeanor prosecution. Nothing in this subdivision will prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this section. If the city elects to seek misdemeanor prosecution, no administrative penalty may be imposed. (7) Continued violation. Each violation, and every day in which a violation occurs or continues, constitutes a separate offense. Subd. 13. Penalties. (1) Licensees. Any licensee found to have violated this section, or whose employee violates this section, must be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second offense at the same licensed premises within a 24 month period; and $250.00 for a third or subsequent offense at the same location within a 24 month period. In addition, after the third offense, the license must be revoked. Funds received by the city as administrative fines must be kept in a separate fund to offset expenses associated with the tobacco enforcement program except that no part of these funds may be used to pay expenses associated with an administrative hearing officer. (2) Immediate revocation. In the event of a felony committed by the licensee, occurring on the licensed premises, the city council is authorized to immediately proceed to a license revocation and need not employ a hearing officer and need not proceed under subsection (1) of this subdivision. Page 7 of 8 (3) Other individuals. Other individuals, other than persons under the age of 21 regulated by subsection (4) of this subdivision, found to be in violation of this section will be charged an administrative fee of $50.00. (4) Persons under the age of 21. Persons under the age of 21 found in unlawful possession of, or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco related devices will be ordered to perform community work service and undergo assessment and counseling by the Youth Service Bureau of Washington County. 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: This amendment is in accordance with the Federal Food, Drug and Cosmetic act, raising the minimum age of the sale of any tobacco product, including cigarettes, cigars and e-cigarette products from 18 to 21 years. 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 7th day of April, 2020. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Page 8 of 8 STAFF REQUEST ITEM Department: St. Croix Valley Recreation Center Date: 3/17/20 DESCRIPTION OF REQUEST (Briefly outline what the request is) We need to purchasing two infrared heaters for bleacher heat current unit is putting out CO2. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) We have budget CIP for the Lily Lake dehumidifiers and the bid came in lower than expected we would like to use 0,000 for infrared heaters, install and start up ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Doug Brady Date: 3/17/20 c.L.62yfriolitioD ArPilakr141.Y/ / 0Ua0 '721614 '104* 4-2, mt.5 r7t-4 rut liwater THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers REPORT DATE: April 2, 2020 MEETING DATE: April 7, 2020 SUBJECT: Washington County Event Permit PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Washington County's administration department would like to hold a lunch event for its staff twice a month April through October. The event would feature several food trucks that would be parked in the Washington County Service Center's lots. Several weeks ago the City Council heard the County's request and directed staff to process an event permit for the gatherings. COMMENTS Adopting the attached resolution will approve the event permit. Attachment: License resolution Application form RESOLUTION NO. 2020- RESOLUTION GRANTING PERMISSION TO WASHINGTON COUNTY SERVICE CENTER FOR LUNCH EVENTS WHEREAS, the Washington County Department of Administration has requested a permit to hold lunch events for employees at the Washington County Service Center in Stillwater; and WHEREAS, the lunch events would offer food service via several food vending trucks that would be parked in the Service Center parking lots; and WHEREAS, the lunch events would be held twice a month during April through October. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants permission to Washington County's Department of Administration to host the above described lunch events with food vending trucks April through October of 2020. Adopted by the Stillwater City Council this 7th day of April, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i11Water THE BIRTHPLACE Of MINNESOTA EVENTS PERMIT APPLICATION 216 North 4 to Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: March 3, 2020 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Washington County Food Trucks Event Date/Time: Set up: Date April - October 2020 (see descri Time 11:15 to 11:30 Actual Event: Date April - October 2020 (see descri( Time 11:30 to 1:00 Clean up: Date April - October 2020 (see descri Time 1:00 to 1:15 (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) 14949 62nd St. S., Stillwater, MN 50082 (Stillwater Government Center/Courthousf Ci Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) We would like to hold 2 events per month April - October. While this event is open to the public, we will not be advertising it to the public; people visiting the county campus or nearby that happen to see it are welcome to attend. Estimated Attendance (participants and spectators): Approximately 130-170 people Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Washington County Mailing Address: 14949 62nd St. N City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Amanda Hollis Phone Number: 651-430-6021 Fax: Cell Phone: Email Address: amanda.hollis@co.washington.mn.us Website Address: www.co.washington.mn.us Name of contact person during event: Amanda Hollis Cell Phone: 651-430-6021 Alternate contact during event: Tina Simonson Cell Phone: 651-430-6004 Refer media or citizens inquires to: Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No © Yes ■ Number and size: Will there be any inflatables? No a Yes M Insurance certificate from rental vendor is required Fees for electricity may Will there be entertainment? No la Yes MIWhat type: apply see Instructions Will sound amplification be used? No a Yes • Hours and Type: Will a stage or tent(s) be set up? No © Yes is Dimensions: Will there be temporary fencing? No F3 Yes ■ How many Fees for electricity may Will merchandise/food items be sold? No • Yes IN 1 2 trucks vendors expected: apply see Instructions Will food be prepared on site? No • Yes © Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No • Yes f3 Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No X❑ Yes . See Alcohol Regulations in the lnstructions Will alcohol be sold? No © Yes ■ See Alcohol Regulations in the Instructions Will there be a fireworks display? No 0 Yes l• Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. No power needed; food trucks responsible for being self-sustaining. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Washington County employees will be notified using our internal website. The public can participate if they are on the county campus and see it outside. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No © Yes ■ Start/End Time: Date: City Sidewalks or Trails No © Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No f3 Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No ii1 Yes • Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No © Yes • Number needed: see Instructions Fees may apply Will portable restrooms be needed? No 0 Yes ■ Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No 0 Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: This is on county property, there are trash receptacles outside near the area where the food trucks would be parked that our Building Services Division maintains. Employees and public can also use trash inside the buildings if they bring the food indoors to eat. Will event need traffic control? No © Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Our county risk manager, security officer, and building services have reviewed and designated a spot in our employee parking area that avoids traffic and employees walking through parked cars to reach the food truck. Fees may apply see Instructions Will "No Parking Signs" be needed? No Fa Yes ■ Number needed: Show locotion(s)on site map Will event need security? No 0 Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No © Yes MI Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Describe the emergency action plan if severe weather should arise: In the event of severe weather, the county would either cancel the food truck or ask people to shelter according to the county's severe weather plan. List any other pertinent information: Our food inspectors will be on -site and spot check the vendors' license each event. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. if insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of tillwater and i release of Liability. 1 d Signaaireo 'cant or Authorized Agent 3 -3- a-o Date Employee Designated Parking Employee Designated Lower Level Ramp Government Center - Courthouse - Law Enforcement Center ti 1 iwater THE BIRTHPLACE OF MINNESOIA PLANNING REPORT TO: REPORT DATE: Mayor & Council Members CASE NO. 2019-25 March 12, 2020 MEETING DATE: March 17, 2020 APPLICANT: REQUEST: REPORT BY: REVIEWED BY: City of Stillwater Zoning text amendment (ZAT) revising sign regulations Bill Turnblad, Community Development Director Abbi Wittman, City Planner Graham Tait, Zoning Administrator Kori Land, City Attorney INTRODUCTION The sign regulations found in the Zoning Chapter of the City Code are in need of revision for several reasons. First, US Supreme Court cases over the years have refined first amendment free speech law that applies to signage and that needs to be reflected in our sign regulations. Second, electronic signage has evolved dramatically over the last several decades and the City has received requests to allow the new technology to be incorporated into its sign code. And third, institutional signage has been largely ignored by the City Code and needs to be addressed. Therefore, the City Attorney and City planning staff have drafted a zoning chapter amendment to address these issues. We have also taken the opportunity to re -organize the sign code so it flows more logically and is more understandable. The Planning Commission held a public hearing on the ordinance on February 26th and recommended approval of the attached draft. SPECIFIC REQUEST Consider approval of the first reading of the attached draft ordinance that will revise the Sign Code Section (Section 509) of the City Code's Zoning Chapter (Chapter 31). ANALYSIS The great majority of the current sign code would remain the same. The changes that are proposed are highlighted below. Case 2019-25 Page 2 1. Free speech law. Content neutrality has been addressed throughout the sign code, as well as commercial free -speech law refinements as they apply to signage. 2. Electronic signage. Electronic message center signage (aka. digital signage) is proposed to be added and would be allowed in the BP-C Zoning District on larger properties that abut Highway 36. They would also be allowed under specific circumstances in the institutional and park zoning districts. a. An electronic message center is being defined as a portion of a freestanding sign that is capable of displaying words, symbols, figures or images that electronically change by remote or automatic means. b. Only one would be allowed per lot or multi -tenant building. c. It must be an integral part of a freestanding sign, not wall mounted. d. The display of an electronic message center would not be permitted to change more than once every twenty seconds. This standard was developed by the International Sign Association to address driver distraction, and is on the conservative end of their spectrum of "safe" change intervals. e. The size of the electronic message center will be limited to fifty percent of a freestanding sign's total allowable area. Limiting the size of the digital display reduces driver distraction and the annoyance/light pollution of large back lit displays. i. A freestanding sign in the BP-C District, for example, could have 100 or 120 square feet of signage, depending upon the size of the multitenant building it is associated with. So, the maximum size of a digital display area would be 50 or 60 square feet respectively. ii. The Valley Ridge Mall has a 110 square foot freestanding sign and they would like to incorporate a digital display into it so they can rotate weekly or monthly the names of tenants that cannot fit on the static sign panels. Now they do this by temporarily hanging a banner under the sign panels. If these sign changes are adopted, two of their three current tenant panels could be converted to an electronic message center, and the banner would be removed. iii. The freestanding sign at the Pizza Ranch in Oak Park Heights (seen to the right) is another example of what could be allowed as an electronic message center according to the new standards. f. Regulations for the electronic message center require either functional automatic dimming capabilities that adjust the brightness to ambient light at all times of the day and night; or the illumination will not be allowed to exceed 0.3 footcandles over ambient lighting conditions when measured seventy-one feet from the signs. g. No off -premises electronic message centers are allowed. OfficeMax JOHNSON 1 Regulations developed by the International Sign Association (an independent sign research institution founded in 1944 and based in Alexandria, VA). Case 2019-25 Page 3 h. All other applicable sign regulations found in Section 31-509 must be met. i. In the BP-C Zoning District they would be permitted on the properties abutting State Highway 36 between Industrial Boulevard and Market Drive. This segment of the 36 corridor has somewhat larger properties than the rest of the Stillwater side of Hwy 36, and these properties tend to have multitenant buildings. Note that the former Herberger's site is included in the list of properties that would be allowed to have an electronic message center, but it is technically separated from the highway and its frontage road by a stormwater pond owned by the City. j. In the PA and PROS zoning districts, electronic message centers could be incorporated into institutional signs if: i. In the PROS Zoning District the electronic message center is permitted only if it is located on a property with a recreation center or a multiple use park building; and ii. In the PA Zoning District an electronic message center is permitted only if there is no direct line of sight from a residentially zoned property to the graphic display area. BIRTH LAC E Or MINN ROTA Zoning Districts ®Electronic Message Center precedes a-P Agrcultuml Preeencallen —I RA- Single Family Resldenlls RB-Two Family - TR. Traditional Redden. LR. Lakeshore ReelEential ,I CR, Collage Residential - CTR, Cove Tradlnonal Rtsiaenael - CCR, Cove Collage Residential - CTHR, Cove Tawnbonsd Re.idendal TH. Townhouse RCM- Medium Benody Reslder,ti I - RCH - High Density Residential w-Ylliage eammerclal - ea -General eommeraial - CBS- Central Business Slsblct - BP-C, Busin®s Perk -Commercial BP-C, nuslness Palk- Cf(ice BP -I. Business Park- Ik aunt. - IB -Heavy lndustdel - CRD -Campus Resent. Development - PA- Public AdminlstreGon - PROS - Park, Recreation es Open Space Fublic Works FS iIity WATER Properties where Electronic Message Centers would be allowed: shown in light grey stripes 3. Institutional signage. The third major reason for the code amendment is to be consistent about institutional signage. Currently the code allows an institution (church, school, hospital, governmental agency) to have a 32 square foot "bulletin board" in residential zoning districts. But, a bulletin board is not defined. So, by policy we permit one 32 square foot wall mounted or freestanding sign per institution in a residential zoning district. However, oddly enough, institutional signage is not Case 2019-25 Page 4 allowed in the institutional and park zoning districts. So, the amendment proposes to allow institutional signage as follows: a. In Residential Zoning Districts, one 32 sf wall mounted or freestanding sign is allowed. Only non -electronic message centers are allowed. b. In the PA and PROS Zoning Districts, one 32 square foot wall mounted or freestanding sign is allowed. In these zoning districts, the institutional sign could be an electronic message center if no residentially zoned property has a direct line of sight to the display area. In that case the message center would have to be non -electronic. 4. Miscellaneous changes. a. Temporary signs. This section has been updated to reflect how temporary signs are actually being regulated today. b. Substitution clause. New language is proposed to allow substituting new text for text in an existing permitted sign without City review. c. Several definitions have been added, or completely rewritten. i. Electronic message center ii. Institutional sign iii. Marquee iv. Non -electric message center v. Projection Sign vi. Public Sign vii. Roof Sign viii. Sign ix. Wall Sign d. An allowable signage table was created that shows which signs are allowed in each zoning district. i. This table does not create revised regulations. It simply summarizes regulations. ii. The entire body of sign regulations has been re -organized for better flow. iii. Rummage/garage sale signage performance standards have been moved to Ch 31-505, Miscellaneous Residential Standards. e. To be consistent with the 2040 Comprehensive Plan, city staff and planning consultants are preparing several ordinance amendments. One creates a Highway Mixed Use (HMU) Zoning District and a Community Mixed Use (CMU) Zoning District. The massing and use standards for these zoning districts are very similar to the existing BP-C District. An exception will be that residential uses can be incorporated into development projects within the mixed use districts. In keeping with development standards being similar in the mixed use districts to those in the BP-C district, the revised sign ordinance regulates signage in the HMU and CMU districts with the same set of standards as found in the BP-C district. POSSIBLE ACTIONS The City Council has the following options: A. Approve the first reading of the sign ordinance with or without revisions. B. Deny the first reading of the sign ordinance. C. Table the first reading for additional information. Attachment: Draft ordinance bt ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-101 REGARDING ZONING DEFINITIONS, AMENDING CHAPTER 31-509 REGARDING SIGN REGULATIONS, AND ENACTING CHAPTER 31-505, SUBD. 3 REGARDING GARAGE SALE SIGNAGE The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the Zoning Definitions is hereby amended by adding the following definitions, which shall be incorporated alphabetically, and the entire section renumbered accordingly: Sec. 31-101. — Definitions. Abandoned sign means any sign and/or its supporting sign structure and appurtenances which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Sign applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered abandoned for a period of up to one (1) year, after which time, it must be removed. Awning means a roof -like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be considered an awning. Building sign means any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. Commercial speech means any speech promoting a business, profession, commodity, service, or entertainment. Commercial sign means any sign that promotes or identifies a product, business, service, entertainment, or any other matter of a commercial nature. Digital sign. See definition of electronic message center. Directory sign means a sign used to guide pedestrians, but not vehicles, to individual businesses within a multitenant commercial area that is placed on the site of the development and may be erected only in internal pedestrian access areas. 1 Electronic Message Center means a portion of a freestanding sign that is capable of displaying words, symbols, figures or images that electronically change by remote or automatic means. Footcandle means a measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot. Garage sale sign means a temporary sign promoting a garage or rummage sale. Institutional Sign means a sign identifying a church, school, hospital, government or similar type institution. Marquee means any permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Monument sign means a sign not supported by exposed posts or poles which is architecturally designed and located directly at grade with a base at least as wide as the sign. Multitenant master sign means an on -premise sign identifying multiple tenants in a single building. Non-commercial sign means a sign for a non-commercial expression not related to the promotion of any product or service or the identification of any business. Non-commercial speech means the dissemination of messages not classified as commercial speech that include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Non -Electronic Message Center means a sign or portion thereof that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device, that may be changed or re -arranged manually or mechanically with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Off -Premises sign means a sign normally used for promoting an interest other than that of a business, individual, products, or services available on the premises where the sign is located. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the Zoning Definitions is hereby amended by revising the following definitions to read as: Billboard means a non -accessory sign erected for the purpose of promoting a product, event, person or subject no usually related to the premises on which the sign is located. Building sign plan means an illustration that shows size, location, materials and lighting for all signs on a building or group of related buildings. Construction sign means a temporary sign at a construction site identifying the project. 2 Freestanding sign means any sign which has supporting framework that is placed on or anchored in the ground and which is independent from any building or other structure. Historic sign means a sign that is of historical significance or that is an historic resource within the meaning of Minn. Stat. Ch. 116B. Illuminated sign means any sign that contains an element designed to emanate artificial light internally or externally. Marquee sign means any building sign painted, mounted, constructed or attached in any manner, on a marquee. Political Non-commercial sign means a sign designed for the purpose of supporting or opposing a candidate, proposition or other measure at an. Portable sign means a sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed, and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. Projecting sign means a sign which is affixed to a building or wall in such a manner that its leading edge extends more than one (1) foot beyond the surface of such building or wall face. Public sign means a sign usually erected and maintained by a public agency that provides the public with information and in no way relates to a commercial activity. Examples of public signs include, but are not limited to, speed limit signs, stop signs, city limit signs, street name signs, directional signs, and historic points of interest. Real estate development sign means a sign intended to sell or promote a development project. Real estate sign means a sign placed upon a property to promote that property for sale, rent or lease. Roof sign means a sign erected and constructed wholly or in part on or above the parapet or eave line of a building. Sign means a letter, work or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, promotion, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for information or communicative purposes. Sign structure means the structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Wall sign means a building sign attached parallel to, but within one (1) foot of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any 3 building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Window sign means a building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes of glass and is visible from the exterior of the window. SECTION 3. REPEAL AND REPLACE. Stillwater City Code Chapter 31-509 relating to the Sign Regulations is hereby repealed and replaced as follows: Sec. 31-509. — Sign regulations. Subd. 1. Findings. As a historic community, this city is unique. The proper control of signs is of particular importance because of this historical quality and uniqueness. The city's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community. Further, the city finds: (a) Exterior signs have a substantial impact on the character and quality of the environment. (b) Signs provide an important medium through which individuals may convey a variety of messages. (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 2. Purpose. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety, and welfare. (b) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community (c) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics. 4 (d) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city. Subd. 3. Severability. If any section, subsection, sentence, clause, or phrase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The City Council hereby declares that it would have adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses, or phrases be declared invalid. Subd. 4. Substitution Clause. Signs containing non-commercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs. Any sign containing commercial speech may substitute non-commercial speech; any sign containing non-commercial speech may substitute commercial speech or other non- commercial speech; any sign containing commercial speech may substitute other commercial speech. This substitution of speech may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non- commercial message. This provision prevails over any more specific provision to the contrary. Subd. S. Permit Required. (a) Unless exempted pursuant to Subdivision 7, no person shall erect, alter, reconstruct, maintain or move a sign in the city without first obtaining a permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. An application for a permit may be obtained from the community development director or designee. The application must be accompanied by the required fee and must contain the following information: (1) Street address or location of the property on which the sign is to be located along with the name and signature of the owner of the building; (2) Name, address and signature of the owner of the sign; (3) Name, address and phone number of the sign installation contractor; (4) The type of sign as defined in this ordinance; (5) A complete set of plans and scaled drawings showing the materials, design, dimensions, structural supports, method of attachment, internal and external lighting and electrical components of the sign; (6) A site plan showing the location of the proposed sign with dimensions to all adjacent lot lines; (7) An approved building sign plan, if there is more than one business or use in a building; 5 (8) Certification by applicant indicating the application complies with all requirements of the sign code. (b) The community development director or designee shall approve or deny the sign permit within sixty (60) days following receipt of the completed application, including applicable fee. A decision must be made in writing and must be mailed or electronically delivered to the applicant at the address or email address provided in the application. If the permit is denied, the reason must be stated in writing and describe the applicant's appeal rights under Section 31-217 and must be sent by certified mail to the applicant. Subd. 6. General Provisions. (a) The following provisions apply to signs located in all zoning districts: (1) All signs must comply with any applicable design guidelines and neighborhood plans adopted by the City of Stillwater and must meet all the size, location and height standards as required in Section 31-509. (2) Repairs. Any sign located in the city which may now be or become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions in this section, shall be removed or otherwise properly secured in accordance with the terms of this ordinance by the property owners, business owners or by the owners of the grounds on which the sign stands, upon receipt of proper notice to do so, given by the community development director or designee. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this ordinance and upon a permit issued by the community development director or designee. (3) Electrical Signs. Electrical signs must be installed in accordance with the current state electrical code. (4) Placement. (5) i. No sign or sign structure may be erected or maintained if it prevents free ingress or egress from any door, window or fire escape. No sign may be attached to a standpipe or fire escape. ii. A sign must not be erected, positioned, or maintained so as to obstruct the architectural features of a building. iii. All signs must be compatible with the building and neighborhood where located, including any approved building sign plan. Temporary Signs. The use of banners, pennants and similar devices for commercial, industrial and institutional uses shall be subject to the following provisions: 6 i. Temporary signs shall require a permit that shall be valid for no more than thirty (30) days. ii. Not more than one (1) temporary sign shall be displayed upon a property at any one time. iii. Not more than three (3) temporary sign permits, or up to three (3) temporary signs for a total of not more than ninety (90) days, shall be issued during any calendar year. iv. The size of a temporary sign shall not exceed the maximum size allowed for a similar type of permanent sign allowed on the property. v. Free-standing or movable temporary signs shall adhere to any setbacks required for similar permanent signage on the property. vi. The temporary sign shall be in harmony, as determined by the community development director or designee, with the surrounding properties and the neighborhood in which it will be displayed. vii. Notwithstanding the foregoing, temporary signs that do not conform to the requirements of this section may be approved by the City Council as part of an event permit, however, all temporary signs must be removed within two (2) days after the event. (6) Maintenance. All signs must be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten (10) feet must be neatly trimmed and free of weeds. Rubbish or debris under or near the sign must be removed. (7) Signs on Public Property or Right -of -Way. i. Except for public signs, signs approved by the City Council pursuant to an event permit, and signs allowed by encroachment agreement, no signs may be erected or temporarily placed within any right-of-way, upon public lands or easements without approval from the community development director or designee. ii. The city may at any time and without notice remove signs which have been installed on public property or within public right-of-way or easement without approval. The sign owner may retrieve the signs: from a designated impound area at the city within fifteen (15) days from the date of removal. After fifteen (15) days, the city will dispose of the sign. The city shall not be liable for any damage to removed signs. (8) (9) iii. The city may grant a permit to locate temporary signs or decorations on, over or within the right-of-way. Flags. Non -Commercial flags may be displayed in accordance with state and federal law. No more than three (3) non-commercial flags may be displayed outside of a building. Historic sign. The requirements of size, location and height in Section 31-509 may be waived by the City Council if the sign is an historic resource or if the sign is a reproduction of an historic sign. (10) Graphic design signs. Graphic design signs require a conditional use permit. (11) Table 1 identifies where various types of signs are allowed and whether the sign is required to have a permit: Sign type Public sign Integral sign Political and related noncommercial signs Political and related noncommercial signs Political sign Holiday sign Construction sign Real estate sign Nameplate sign: 1- 5 Unit Bldg Nameplate sign: >_ B Unit Bldg Real estate development project sign 'Window sign Garage sale sign Temporary real estate'open house' sign Wall sign Roof sign Freestanding sign Billboard Awning or canopy sign Projecting sign Three dimensional sign Marquee sign Multitenant master sign Directory sign Electronic message center Institutional sign Table 1 Notes See Sec 31-509, Subd 7(a) See Sec 31-509, Subd 7(a) Size limit 6 square feet; 4 ft tall; See Sec 31-509, Subd 7(b)(2) 35 Square foot size limit; See Sec 31-509, Subd 7(b){2) During exemption period; See Sec 31-509, Subd 7(b)(1) Not exceeding 60 d ays See Sec 31-509, Subd 7(c) See Sec 31-509, Subd 7(d) 2square feet; See Sec 31-509, Subd 7(e) 6square feet; See Sec 31-509, Subd 7(e) See Sec 31-509, Subd 7(d)(3) See Sec 31-509, Subd 7(f) See Sec 31-505, Subd 3 See Sec 31-509, Subd 7(d)(2) See Sec 31-509, Subd 9(a)(2), Subd 9(b)(2), Subd 9(c)(2); Subd 9(d)(3); Subd 9(e)(2) See Sec 31-509, Subd 8(h) See Sec 31-509, Subd 9(a)(3); Subd 9(b)(3); Subd 9(c)(3); Subd 9(d)(4); Subd 9(e)(3) See Sec 31-509, Subd 8(e See Sec 31, Subd 9(a)(4); Subd 9(b)(4); Subd 9(d)(5) See Sec 31-509, Subd 9(a)(6); Subd 9(d)(7) See Sec 31-509, Subd 9(a)(5) See Sec 31-509, Subd 9(b)(4); Subd 9(d)(5) See Sec 31-509, Subd 9(b); Subd 9(d)(5) See Sec 31-509, Subd 10 See Sec 31-509, Subd 11 See Sec 31-509, Subd 13 A=Allowed without permit P = Permit required N = Not allowed Res. Districts CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS A A A A A A A A A A A A A A A A A A A A A A A ANN N NNNNN N N N A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A NNN N NNNNN N A A A A A A A A A A A N PPP P PPPPPP N NNN N NNNNN N N PPP P PPPPPP N NNN N NNNNN N N PPP P PPNNNN N PPP NNNNNNN N PPN NNNNNNN N NNN P PPNNN N N NNP P PPNNNN N NNN P PPPPN N N NNN P NNNPN P P NNN NNNNPN P 8 Subd. 7. Exemptions. The following signs shall not require a permit and are allowed in every zoning district. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection, maintenance and compliance with the other provisions of Section 31-509 or any other law or ordinance regulating the same. (a) Public signs and integral signs. (b) Non -Commercial Signs. (1) In any general election year, all non-commercial signs are exempt from regulation and may be posted in any size or in any number beginning 46 days before the state primary in a state general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. (2) A political, non-commercial sign outside the exemption period outlined in Subdivision 7(b)(1) of 31-509, is regulated as follows: i. Residential and CA districts: the maximum sign size is six (6) square feet in area with a maximum height of four (4) feet. ii. All other districts: the maximum size is thirty-five (35) square feet in area. (c) Construction signs. A construction sign must be confined to the construction site and must be removed within two (2) years of the date of issuance of the first building permit or upon completion of the project, whichever occurs first. One construction sign is permitted for each street the project abuts. No sign may exceed thirty-two (32) square feet in multifamily residential, commercial and industrial districts and twelve (12) square feet in single-family residential districts. (d) Real estate signs. (1) A real estate sign is limited to up to six (6) square feet in residential districts and up to thirty-two (32) square feet in commercial districts. A real estate sign must be removed within ten (10) days after sale or rental of property. (2) Temporary real estate "open house" signs, provided that: i. The sign is not placed in a manner that creates a nuisance to adjacent owners, does not create a safety hazard or block the view of entrances to streets or intersections. ii. The sign is placed one-half hour before the open house and is removed each day immediately after the open house closes. 9 (3) iii. A maximum of four (4) signs in a residential zoning district are allowed for each open house and are limited to a four -block radius of the open house. iv. The sign must not exceed six (6) square feet. Real estate development project sign. For a development project of up to 25 acres, one sign not to exceed one hundred (100) square feet of sign surface may be erected on the project site. For projects of 26-50 acres, one or two signs not to exceed two hundred (200) aggregated square feet of sign surface may be erected. For projects over fifty (50) acres, up to three signs not to exceed three hundred (300) aggregate square feet of sign surface may be erected. No dimension shall exceed twenty-five (25) feet exclusive of supporting structures. The sign may not remain after 95% of the project is developed. The sign must be bordered with a decorative material compatible with the surrounding area. If the signs are lit, they must be illuminated only during those hours when business is in operation or when the model homes or other development is open for conducting business. (e) Nameplate sign. (1) A nameplate sign must be placed on a wall of the structure not exceeding two (2) square feet in area per structure. A nameplate sign shall not be constructed as to have more than two (2) surfaces. (2) A single nameplate sign must be placed on a wall of the structure for each dwelling group of six (6) or more units. The nameplate sign may not exceed six (6) square feet in area per surface and may not be constructed as to have more than two (2) surfaces. (f) Window sign. A window sign, which cannot cover more than one-third of the total area of the window in which the sign is displayed. (g) Garage and rummage sale signs, provided they comply with Section 31-505, Subd. 3. Subd. 8. Prohibited Signs. The following signs are prohibited in all zoning districts: (a) Abandoned signs. (b) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. (c) Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. 10 (d) Off -premises commercial signs. (e) Billboard signs. (f) Any sign that moves or rotates, except barber poles and permitted electronic message centers. (g) Signs that display any moving parts, are illuminated with any flashing or intermittent lights or are animated, except electronic message centers. All displays must be shielded to prevent any light from impairing the vision of any driver. No device may be illuminated to obscure an official traffic sign or signal, including indoor signs which are visible from public streets. (h) Roof signs. (i) Any sign with banners, pennants, ribbons, streamers, string or light bulbs, spinners or similar devices, except where used for noncommercial purposes or as part of an approved sign application. (j) Portable signs including signs with wheels removed, attached temporarily or permanently to the ground. (k) Signs mounted on a vehicle for promotional purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used on the normal day-to-day operations of that business. (1) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, directly on building walls, or attached to public utility poles, telephone cables or wires, bridges, towers, or similar public structures or the supports thereof. (m) Illuminated signs or spotlights giving off an intermittent or rotating beam. (n) Revolving beacons, beamed lights or similar devices. (o) Hot air, gas filled or inflated objects used for commercial speech. (p) Signs supported by guy wires. (q) Signs in a state of disrepair. Subd. 9. Specific Regulations by Zoning District. In addition to the signs allowed in Subdivision 7 of 31-509, the following signs shall be allowed within the specific zoning districts: (a) Central Business and General Commercial Districts. All signs in the CBD-central business or CA -general commercial districts are subject to the following requirements: 11 (1) General regulations: i. In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, only one (1) wall, monument, awning, canopy or three-dimensional sign is allowed per business within the CA -general commercial district. When a building or business abuts two or more public streets and/or public alleys, one (1) sign is allowed on each street building face. ii. In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, two (2) signs are allowed per business within the CBD-central business district. The two (2) allowed signs must be one (1) wall sign and either a three-dimensional sign or a projecting sign. iii. All signs in the CBD-central business district must meet the downtown design guidelines for signs. (2) Wall signs. Wall signs shall meet the following requirements: (3) i. The total building signage may have an aggregate area not exceeding one (1) square foot for each foot of building face parallel or substantially parallel to a street lot line. ii. It must not project more than twelve (12) inches from the wall to which the sign is affixed. iii. It must not project higher than the parapet or eave line of the wall to which the sign is affixed or fifteen (15) feet as measured from the base of the building wall to which the sign is affixed, whichever is less. iv. Externally illuminated letters are allowed, but no internally illuminated signs are allowed. v. Where a principal building is devoted to two (2) or more permitted uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building may not exceed one (1) square foot for each foot of the building face parallel, or substantially parallel, to a street lot line with a maximum of twenty-five (25) square feet per business. Freestanding signs. Freestanding signs shall meet the following requirements: i. The area of a monument or freestanding sign may not exceed thirty (30) square feet. ii. A monument or freestanding sign may be located in any required yard but must have a setback of fifteen (15) feet from any point of vehicular access, public roadway and property line. iii. A monument or freestanding sign may not project higher than six (6) feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less. iv. The area around a monument or freestanding sign must be landscaped. v. Externally illuminated letters are allowed, but no internally illuminated signs are allowed. vi. Pedestrian and vehicular sight lines must not be blocked. (4) Awning or canopy signs. Awning or canopy signs shall meet the following requirements: (5) i. The gross surface area of an awning or canopy sign may not exceed fifty (50) percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed. ii. An awning or canopy sign may not project higher than the top of the awning or canopy or below the awning or canopy. Three-dimensional signs. The total area of a three-dimensional sign is determined by enclosing the largest cross section of the sign in an easily recognized geometric shape and computing its area, which may not exceed nine (9) square feet. (6) Projecting sign. A projecting sign shall meet the following requirements: i. The total area of a projecting sign may not exceed six (6) square feet. ii. It must be easily visible from the sidewalk and not be a hazard to pedestrians. iii. If lighted, the sign must be externally illuminated. iv. The bottom of the sign and bracket must be at least eight (8) feet above sidewalk grade. (b) Business Park Districts. All signs in the BP-O, BP-C and BP -I districts are subject to the following requirements: (1) General regulations: In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, a property may have one (1) freestanding 13 sign, one (1) wall sign per business, and as many awning, canopy, marque, or multitenant master signs as provided in subdivision 10(b)(5) of 31-509. (2) Wall signs. Wall signs shall meet the following requirements: (3) i. The gross surface area of a wall sign may not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must be located on the outermost wall of any principal building but may not project more than twelve (12) inches from the wall to which the sign is affixed. iii. It must not project higher than the parapet line of the wall to which the sign is affixed or twenty (20) feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. iv. Where a principal building is devoted to two (2) or more uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of twenty-five (25) square feet per business, whichever is more. v. Only one (1) wall sign per building face is allowed. Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of a freestanding sign may not exceed one hundred (100) square feet for each exposed face nor exceed an aggregate gross surface area of two hundred (200) square feet. ii. A freestanding sign must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs may not project higher than twenty-five (25) feet. Along County Road 5 from Highway 36 to Croixwood Boulevard and South Greely from Orleans to Highway 36 freestanding signs may not project higher than twenty (20) feet. In all other locations, a freestanding sign may not project higher than six (6) feet. Signs shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less. iv. There may be one (1) freestanding sign per development site. (4) Awning, canopy or marquee signs. Awning, canopy or marquee signs shall meet the following requirements: 14 (5) i. The gross surface area of an awning, canopy or marquee sign may not exceed fifty (50) percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. ii. A sign may be affixed to or located upon any awning or marquee. iii. An awning, canopy or marquee sign may not project higher than the top of the awning or marquee to which the sign is affixed. Multitenant master sign. Each multitenant or multi -use building is permitted one (1) building master identification sign which meets the following requirements: i. If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one (1) square foot for each five (5) feet of building frontage or forty (40) square feet maximum with a maximum height of eight (8) feet. ii. If the multitenant commercial building has a floor area greater than 40,000 square feet, but less than the 100,000 square feet, the entry may have a master identification sign with a maximum of seventy-five (75) square feet on each side and with a maximum height of twenty (20) feet. iii. If the multitenant commercial building has a floor area greater than 100,000 square feet, the building may have a master identification sign with a maximum of one hundred and twenty (120) square feet on each side and with a maximum height of twenty-five (25) feet. (c) PA, PROS and PWFD Districts. All signs in the PA, PROS and PWFD districts are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed for each facility. (2) Wall signs. Wall signs shall meet the following requirements: i. The gross surface area of a wall sign may not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must not project higher than the parapet or cave line of the wall to which the sign if affixed. (3) Freestanding signs. Freestanding signs shall meet the following requirements: 15 i. The gross surface area of any side of a freestanding sign must not exceed 120 square feet. ii. It must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs must not project higher than twenty-five (25) feet. In all other locations, a freestanding sign must not project higher than twenty (20) feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. (d) Village Commercial. All signs in the VC -Village Commercial district are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) other sign is allowed per business. It may be a wall, monument, awning or canopy sign. When a building or business abuts two (2) or more public streets, one (1) sign is allowed on each street building face. (2) All signs in the VC -Village Commercial district must meet the approved Liberty Village design guidelines for signage. (3) Wall signs. Wall signs must meet the following requirements: i. The gross surface area of a wall sign shall not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must be located on the outermost wall of any principal building but may not project more than twelve (12) inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the community development director or designee. iii. It must not project higher than the parapet line of the wall to which the sign is affixed or twenty (20) feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. iv. Where a principal building is devoted to two (2) or more uses, the operator of each use may install a wall sign upon each share of the building. The signs are subject to the following restrictions: a. All signs must be visually consistent in location, design and scale. b. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of twenty- five (25) square feet per business, whichever is more. 16 (4) Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of a freestanding sign may not exceed one hundred (100) square feet for each exposed face nor exceed an aggregate gross surface area of two hundred (200) square feet. ii. A freestanding sign must be set back fifteen (15) feet from the front or side property line. iii. It shall not be higher than twenty (20) feet measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less. iv. There may be one (1) freestanding sign per development site. (5) Awning or marquee signs. Awning or marquee signs shall meet the following requirements: i. The gross surface area of an awning or marquee sign must not exceed fifty (50) percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. ii. A sign may be affixed to or located upon any awning or marquee. iii. An awning or canopy sign may not project higher than the top of the awning or marquee to which the sign is affixed. (6) Multitenant master sign. Each multitenant or multi -use building is permitted one (1) building master identification sign which meets the following requirements: (7) i. Building master identification signs must not contain the names of any tenants or occupants of the center. ii. The multitenant commercial building may have a freestanding sign with a maximum of one (1) square foot of sign for each five (5) feet of building frontage or forty (40) square feet maximum with a maximum height of eight (8) feet. Projecting sign. A projecting sign shall meet the following requirements: i. The total area of a projecting sign must not exceed six (6) square feet. ii. It must be easily visible from the sidewalk and not be a hazard to pedestrians. iii. If lighted, projecting signs must be externally illuminated. 17 (8) Total allowable sign area. The total aggregate sign area allowed on a property for all signs permitted in subparts (d) through (g) above shall be as follows: i. A minimum of one hundred (100) square feet; and at a rate of one (1) square foot of signage for each lineal foot of the building wall facing a public street, up to a maximum of three hundred (300) square feet. ii. When a building faces two (2) or more public streets, the building wall area shall be determined by adding the wall area of each building wall that faces a public street and dividing by the number of public streets the building faces. (e) CRD, Campus Research and Development Districts. All signs in the CRD, Campus Research and Development districts are subject to the following requirements: (1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of 31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed for each facility. However, if the facility is large or consists of several buildings, additional signs may be allowed with a conditional use permit. (2) Wall signs. Wall signs shall meet the following requirements: (3) i. The gross surface area of a wall sign must not exceed one (1) square foot for each foot of building, parallel or substantially parallel to the front lot line. ii. It must not project higher than the parapet or eave line of the wall to which the sign if affixed. Freestanding signs. Freestanding signs shall meet the following requirements: i. The gross surface area of any side of a freestanding sign must not exceed 120 square feet. ii. It must be set back fifteen (15) feet from the front or side property line. iii. Along State Highway 36, freestanding signs must not project higher than twenty-five (25) feet. In all other locations, a freestanding sign may not project higher than twenty (20) feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. Subd. 10. Directory Signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP, PA and CRD districts. The sign area used in directory signs shall not be calculated against the total allowable sign area. Directory signs in the permitted zoning districts shall meet the following requirements: 18 (a) It must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. (b) It must have a maximum area of one (1) square foot for each business listed on the sign and four (4) square feet for the name of the building or complex. (c) It may be freestanding but must not exceed six and one-half (61/2) feet in height. (d) It must only be used for directions and identification. Subd. 11. Electronic Message Centers. Except as provided in (h), an electronic message center is allowed if it meets all of the following requirements: (a) Located only on property zoned PA, PROS or BP-C as specified below: (1) In the BP-C Zoning District an electronic message center must only be located along State Highway 36 in the following corridor of properties listed below and depicted on Map 1: i. Properties abutting 60th Street North between South Greeley Street and South Holcombe Street; and ii. Properties abutting West Frontage Road between South Greeley Street and Market Drive; and iii. Property at 2001-2011 Washington Avenue; and iv. Properties abutting Market Drive between West Frontage Road and Curve Crest Boulevard. (2) In the PROS Zoning District an electronic message center is permitted, but only if it is located on a property with a recreation center or a multiple use park building. (3) In the PA Zoning District an electronic message center is permitted if there is no direct line of sight from a residentially zoned property in Stillwater to the display area of the electronic message center. If there is a direct line of sight, then any message center must be a non -electronic message center not an electronic message center. 19 MAP 1 Properties where Electronic Message Centers are allowed are shown in dark gray Zoning Districts — E.Ceen.Y..o C rp.n. A e A9xuWai Mum.. RA. mg. T., R..C.nY RR •T.e gm" I TR .....e�.�R..ati. - LA. Lag..0...aM. CR. Ca.o. R..0..4w CCRRP. CCons. R...a.... Cnw. CO.. Te.Rww. R.Yanw ▪ TM Tom... AC.. Y.Oun Dewy ReYW.o. - RCM . 419/10... / Re.bru YC. v_ Cen.+MCW - CA • Cw.MM CainvrtW COD • ColM Owens Ortt UDC. Owen. ea, • C evrWTW - se9. sew.. e.n. Once ▪ ee-. Owen.. e... teaser - CRD Cam. kn..Om .s.. - vA. Poet Am..e.aon ▪ MMO5.e.. RCS MID aOpal Spac. may ROAD PATER • (b) Only one (1) electronic message center per property. A "property" for purposes of this section is one lot, or a single building that spreads over several lots, or a campus or integrated cluster of buildings that is owned or managed as a single entity, complex or development. (c) Must be integrated within a freestanding sign and shall not exceed fifty (50) percent of the freestanding sign's total allowable area. (d) The copy of an electronic message center shall not change more than once every twenty (20) seconds. (e) Includes functional automatic dimming capabilities that adjusts the brightness to ambient light at all times of the day and night; or the illumination does not exceed 0.3 footcandles over ambient lighting conditions when measured seventy-one (71) feet from the sign. (f) No off -premises electronic message centers are allowed. (g) All other applicable sign regulations found in Section 31-509 are met. 20 (h) Institutional signs may include an electronic message center if they comply with this Subd 11, the zoning district in Table 1 and the performance standards in Subd. 13. If not, then the institutional sign shall only include a non -electronic message center. Subd. 12. Non -Conforming Signs. It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: (a) No sign shall be enlarged or altered in a way which increases its nonconformity. (b) Should such sign or sign structure be destroyed by any means to an extent greater than fifty (50) percent of its replacement cost and no building permit has been applied for within one hundred and eighty (180) days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance. (c) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. Subd. 13. Institutional Signs. An institutional sign may be either wall mounted or freestanding. The maximum size of the sign, including any electronic or non -electronic message area, is 32 square feet and is subject to the following: (a) In residential zoning districts only non -electronic message centers are allowed as part of an institutional sign. Electronic message centers are not allowed in residential zoning districts. (b) In the PA and PROS Zoning Districts a non -electronic message center is allowed as part of an institutional sign. If the standards in Subd. 11 (a) (2) or (3) are satisfied, an electronic message center is allowed instead of the non -electronic message center. Subd. 14. Violations. (a) All signs for which a permit is required shall be subject to inspection by the community development director or designee. (b) The city may require the removal or repair, at the owner's expense, of any sign if the requirements of this ordinance are not met. (c) Upon receipt of a notice of violation, the record owner of the property on which the sign or sign structure is located shall take corrective action. If the property owner 21 fails to comply with the corrections outlined in the written notice, the city may initiate any lawful action or proceeding to prevent, restrain, correct or abate the violation. SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-505, Subd. 3 relating to Garage Sale Signage is hereby enacted: Subd. 3. Garage Sale Signage. A temporary sign promoting a garage sale is permitted, provided that: (a) The sign does not exceed four (4) square feet. (b) The sign is not more than three (3) feet in height. (c) The sign is removed the same day when the sale closes for each day. (d) The sign is permitted by the owner of the property on which the sign is placed. (e) No more than two (2) garage sales per year are held by any address in any calendar year with each sale lasting no longer than three (3) days. (f) The sign may not be placed upon the right-of-way, parks or public property in a manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks the view of entrances to streets or intersections. SECTION 5. 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 sign ordinance has been revised to add additional sign definitions to the general definitions section of the zoning code, add provisions surrounding the use of noncommercial speech, reorganize sections for clarity, move garage sales signs to the residential section of the zoning code, provide consistency in terminology, add electronic message center criteria and otherwise update the ordinance to ensure it is content neutral. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of ATTEST: Beth Wolf, City Clerk , 2020. CITY OF STILLWATER Ted Kozlowski, Mayor 22 Memorandum To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: April 3, 2020 Re: ADA Transition Plan DISCUSSION In 2019, Council approved SRF Consulting to Complete a ADA Transition Plan for City. The Americans with Disabilities (ADA) ACT requires public entities that employ at least 50 persons to develop a plan to make city streets, sidewalks and trails more accessible. The plan specifically addresses city policies, programs and steps needed to ensure public facilities within public right of way and includes entrances to city buildings are ADA compliant and accessible to all individuals. Tuesday April 6, Joe Kapper from SRF Consulting will present summary of the ADA Transition Plan. RECOMMENDATION Staff recommends that council approve the ADA Transition Plan for the City of Stillwater. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the ADA Transition Plan for the City City of Stillwater Americans with Disabilities Act Transition Plan for Public Buildings and the Public Right of Way March 2020 TH.E4 BIRTHPLACE OF MkIN. E•S.0TA Table of Contents Introduction 3 Purpose and Need 3 Self -Evaluation 3 Plan Elements 4 ADA and its Relationship to Other Laws 7 Agency Requirements 7 Public Buildings 9 Self -Evaluation 9 Policies and Practices 10 Improvement Schedule 10 Public Rights -of -Way 13 Self -Evaluation 13 Policies and Practices 14 Improvement Schedule 15 External Agency Coordination 17 ADA Coordinator 18 Public Outreach 18 Grievance Procedure 18 Appendices 19 A. Contact Information B. Self -Evaluation Results C. Agency ADA Design Standards and Procedures D. Schedule / Budget Information E. Public Outreach F. Grievance Procedure G. Glossary of Terms 2 Introduction Purpose and Need The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. ADA consists of five titles outlining protections in the following areas: 1. Employment 2. State and local government services 3. Public accommodations 4. Telecommunications 5. Miscellaneous Provisions Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public services and programs, the City of Stillwater (City) must comply with this section of the ADA Act as it specifically applies to public service agencies. Title II of ADA Act provides that, "...no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."' Subject to Title II of ADA, the City of Stillwater must conduct a self -evaluation of its facilities and develop a transition plan to outline strategies to achieve compliance. The ADA Transition Plan (Plan) outlines policies and procedures for both the City to maintain compliance, and for community members to have a dialogue about accessibility issues. The City's Plan provides a better understanding of the assets within Stillwater and will help guide the City's prioritization of ADA investment. Additionally, progress on the Plan will ensure that the City maintains eligibility for State and Federal funding to support transportation projects. Self -Evaluation A key activity in developing the Plan is the self -evaluation. The self -evaluation inventories barriers in programs and activities that prevent persons with disabilities from reasonable access. The City completed its evaluation of curb ramps, sidewalks, and certain public buildings in August 2019. This plan document pertains to public rights -of -way as well as public buildings. Other infrastructure elements will be incorporated into stand-alone documents or in future updates to this one. The City's ADA consultants (SRF Consulting Group and PE Services) worked with City staff to provide professional services in completing the self -evaluation process. This consists of a 1 (42 USC. Sec. 12132; 28 CFR. Sec. 35.130) 3 field review of public right-of-way infrastructure and public buildings alongside a review policies and programs as shown in Figure 1. Figure 1. Self -Evaluation Components Self -Evaluation Public Buildings and Facilities • City Hall • Fire Station • Lily Lake Ice Arena • Public Works Facility • St. Croix Valley Recreation Center • Stillwater Parking Ramp • Stillwater Public Library Facilities and Public Rights -of -Way • Curb Ramps • Sidewalks / Trails Policies • Complaint/Grievance Procedure • Maintenance and Alteration Projects • Listing in Capital Improvement Program • Snow and Ice Removal • ADA Improvements Already Completed • Stakeholder Outreach The self -evaluation provides an inventory of ADA compliance gaps and allows the City to catalog and prioritize future improvements. Public right-of-way are inventoried in an interactive, dynamic geographic database that will be delivered to the City for continuous monitoring and updates. Plan Elements The plan document is developed based on the outcome of the self -evaluation. In addition to the compliance assessment and progress report that the self -evaluation provides, several core elements will be incorporated into the Plan for both public right-of-way and public buildings. Designating an ADA Coordinator The City has identified a coordinator to oversee ADA policies and procedures and serve as the primary point of contact for ADA related issues. (Contact information is located in Appendix A). Grievance ProcedurE Under ADA, each agency is required to publish its responsibilities. A public notice will be documented in the plan. If users of City facilities and services believe the City has not provided 4 reasonable accommodation, they have the right to file a grievance. A procedure for the prompt and equitable resolution of citizen complaints, concerns, comments, and other grievances is included in the Plan. Public Outreach The City recognizes that public participation is an important component in the development of this Plan. Input from the community will be gathered and used to help define priority areas for improvements within the jurisdiction of the City. Outreach for the ADA Transition Plan will be ongoing through public forums, council meetings, the City's website, and periodic newsletter mailings. Monitoring This Plan is designed to be continuously updated as warranted by conditions within the City of Stillwater. For example, updates will account for improvements and completed projects within the City as right -of- way and facilities are brought into compliance. Typically, these updates will be made to appendices and datasets included herein. Project prioritization and local policies may be updated based on community input and grievances. With each major update (occurring at approximate five-year intervals or as deemed necessary by City of Stillwater staff), a public comment period will be established to continue public outreach and provide input on local priorities and a dialog with community members. Design Standards All applicable design standards related to ADA are included in the Plan appendices. Schedule and Budget A projected schedule with defined milestones to achieve reasonable compliance is included in the Plan. Additionally, the City's Capital Improvement Plan (CIP) is updated annually and will include budgetary estimates for anticipated projects, which may include ADA-related projects. External Agency Coordination Several other agencies are responsible for pedestrian facilities, such as bus stops, traffic signals, pedestrian curb ramps, and sidewalks and trails within the jurisdiction of the City. The City will coordinate with those agencies to track and assist in the elimination of accessibility barriers along their routes. ADA contacts and interagency agreements will be provided for City, County, and regional authorities that are responsible for right-of-way in the City of Stillwater. 5 Project Timeline To complete the Transition Plan document, data collection is required. This includes the following: Evaluation of existing curb ramps. Evaluation of existing sidewalks and trails. Evaluation of existing public buildings. Establishment of a Geographic Information System (GIS) database and reporting protocol. Notification and public comment on the Draft Plan. Final establishment of a working ADA Transition Plan Document. This project will be completed throughout calendar year 2019. An outline of project processes and schedule is shown in Figure 2. Figure 2. ADA Transition Plan Process Project Kickoff Meeting City Policy Review Field Review and Data Collection Database Development Draft Plan Document/Self Evaluation Public Outreach Final Plan Document / Presentation to the Human Rights Commission and City Council 6 ADA and its Relationship to Other Laws Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not. Agency Requirements Under Title II, Stillwater must meet these general requirements: • Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150). • May not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a). • Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. 35.130(b) (7). • May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d). • Must take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a). • Must designate at least one responsible employee to coordinate ADA compliance [28 CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The public entity must provide the ADA coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107(a)]. • Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35,106]. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis [28 CFR Sec. 104.8(a)]. 7 • Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process. This document has been created to specifically cover accessibility within the public rights of way and public buildings and does not include information on the City of Stillwater programs and practices not related to public rights of way or public building. 8 Public Buildings Public buildings and facilities in the City of Stillwater include built public structures that house the City's public services and the City's Pedestrian Access Routes (PAR) and Pedestrian Circulation Route (PCR) to include parking lots, sidewalks, and curb ramps. These facilities and programs are subject areas that will be addressed in future revisions of the Plan. Self -Evaluation Overview The City is required, under Title II of the ADA and 28 CFR 35.105, to perform a self -evaluation of its current building infrastructure policies, practices, and programs. This self -evaluation will identify what policies and practices impact accessibility and examine how the City implements these policies. The goal of the self -evaluation is to verify that, in implementing the City's policies and practices, the division is providing accessibility and not adversely affecting the full participation of individuals with disabilities. The Public Buildings Self -evaluation also examines the condition of the City's PAR and identifies potential need for PAR infrastructure improvements. This will include the sidewalks, curb ramps, parking lots and buildings that house the City's public services. Any barriers to accessibility identified in the self -evaluation and the potential / recommended remedy to the identified barrier are set out in this transition plan. Summary In August 2019, the City of Stillwater conducted an inventory of public buildings and their PARs consisting of the evaluation of the following locations: Public Buildings • City Hall • Fire Station • Lily Lake Ice Arena • Public Works Facility • St. Croix Valley Recreation Center • Stillwater Parking Ramp • Stillwater Public Library A detailed evaluation on how these public buildings relate to ADA standards is found in Appendix B and will be updated periodically. For the City's future reference, the ADA Checklist for Existing Facilities used to conduct the field review of public buildings and facilities is found in Appendix C. 9 Policies and Practices Previous Practices Since the adoption of the ADA, the City has strived to provide accessible pedestrian features as part of the City's capital improvement projects. As additional information was made available, as to the methods of providing accessible pedestrian features, the City updated their procedures to accommodate these methods. Policy The City's goal is to continue to provide accessible pedestrian design features as part of the City's capital improvement projects. The City has adopted ADA design standards and procedures as listed in Appendix C. These standards and procedures will be kept up to date with nationwide and local best management practices. The City will consider and respond to all accessibility improvement requests. All accessibility improvements that have been deemed reasonable will be scheduled consistent with facility priorities and as established in the CIP. Requests for accessibility improvements can be submitted to the City's ADA Coordinator. Contact information for Title II ADA Coordinator is located in Appendix A. Improvement Schedule Types of Improvements The following are typical improvements to public buildings that can be made to correct deficiencies in accessibility: • Improvements to the access routes and curb ramps (rebuilding to correct steep slopes and surface characteristics) leading from parking and drop-off areas to buildings and bus loading areas. • Providing accessible parking stalls in close proximity to bus waiting and loading areas. • Improvements to accessible parking stalls and aisles, and improvements to signage associated with accessible parking. • Doorway and entryway improvements (where buildings and shelters are provided). Cost estimates of these improvements are included in Appendix D. Priority Areas Prioritizing and scheduling of work will be established by the City based on numerous factors, including, but not limited to, severity of non-compliance, barriers to program accessibility, feasibility of remedies, safety concerns, or a location that receives high public use. Prioritization 10 will also be given to locations that would most likely not be updated by means of other City programs. Schedule The City has set the following schedule goals for improving the deficiencies in accessibility of its PAR/PCR and parking design features within the City's public buildings and facilities: • Percent Compliant Baseline: 74% compliant (See Appendix B for percent compliance for each public buildings). • After 5 years, 90% of PAR/PCR and parking design features within the jurisdiction of the City built before 1991 and partially renovated after 1991 would be reasonably ADA compliant. • After 5 years, 90% of PAR/PCR and parking features within the priority areas identified by City staff would be reasonably ADA compliant. • After 5 years, 90% of PAR/PCR and parking features within the jurisdiction of the City built or renovated after 1991 would be reasonably ADA compliant. • After 10 years, 100% of PAR/PCR and parking features within the jurisdiction of the City built before 1991 would be reasonably ADA compliant. • After 10 years, 100% of PAR/PCR and parking features within the jurisdiction of the City built before 1991 and partially renovated would be reasonably ADA compliant. • After 10 years, 100% of PAR/PCR and parking features within the jurisdiction of the City built or renovated after 1991 would be reasonably ADA compliant. The 10-year time frame to achieve 100 percent accessibility and the required commitment of funding is framed as a policy goal. The availability of funding and future development trends in the City of Stillwater may affect how these projects are prioritized, and the timing of public building and facility improvements may affect progress toward the compliance goal. Figure 3 categorizes the Public Buildings and Facilities between those built prior to 1991 and those built or renovated after 1991. 11 Figure 3. Public Buildings and Facilities Before and After the Year 1991 Built Prior to 1991 Inventory did not include a public building built prior to 1991 Built Prior to 1991 with Partial Renovation after 1991 Stillwater Public Library (partial renovation 2005- 2006) Lily Lake Ice Arena Built or Renovated after 1991 City Hall (Built in 1965, renovated/addition in 1996-1997 and 2017-2019) Fire Station (Built 2014-2015) Public Works Facility (Built 2000- 2001) St. Croix Valley Recreation Center (Built in 1997, addition in 1999, dome renovation in 2019) Stillwater Parking Ramp (Built 2008- 2009) Methodology The City will utilize two methods for improving pedestrian facilities within Public Buildings and Facilities. 1) Scheduled Facility Projects This type of project would include complete renovations to a Public Building or Facility and/or construction of a new Public Building or Facility. All pedestrian facilities impacted by these projects will be improved to meet, to the greatest extents possible, current ADA accessibility standards. 2) Standalone ADA Accessibility Improvement Projects This type of project would include ADA accessibility issue -specific projects and may not include the entire renovation of a Public Building or Facility. 12 Public Rights -of -Way Public rights -of -way (ROW) in the City of Stillwater include roadways and their adjacent facilities that serve a transportation purpose. This includes sidewalks and trails, curb ramps, driveways, and traffic control signals. Public rights -of -way do not include buildings, publicly accessible technology, recreational trails and facilities, and private property. These facilities and programs are subject areas that will be addressed in the future revisions of the Plan. Self -Evaluation Overview The public ROW self -evaluation examines the condition of the City's PAR/PCR and identifies potential need for PAR/PCR infrastructure improvements. This includes sidewalks, curb ramps, and bicycle/pedestrian trails that are located within the City ROW. Any barriers to accessibility in the PAR/PCR identified during the self -evaluation are included in this Plan. Summary The City's Consultants completed the PAR/PCR inventory in August 2019. The complete PAR/PCR inventory includes all facilities within the city's jurisdiction: • 1310 City owned curb ramps. • Approximately, 50 miles of sidewalks/trails. o 177 8' bituminous trail points o 833 5' concrete sidewalk trail points The inventory considers the limitations of the physical terrain where existing physical or site constraint prohibits modification or addition of accessible features that comply fully with the ADA Standards. Therefore, areas where the slope of the terrain may not be modified to satisfy ADA requirements, especially along steep hills, the City will comply with the provisions of the ADA standards to the maximum extent feasible. Feasibility per the National Association of City Transportation Officials means, "Capable of being accomplished with a reasonable amount of effort, cost, or other hardship. With regard to ADA compliance, feasibility is determined on a case -by -case basis." A detailed evaluation on how these facilities relate to ADA standards is found in Appendix B and will be updated periodically. The PAR/PCR inventory also includes 15 traffic control signals located within the City. All traffic signals but one (Market Place and Curve Crest) are owned, operated, and maintained by Washington County and the Minnesota Department of Transportation (MnDOT). See Appendix A for external agency contact information. Although the signals are not within the City's 13 jurisdiction, the inventory was collected in August 2019 for informational and record keeping purposes. Field Manual for Data Collection A field manual was developed to serve as a tool for the City's ROW data collection process. The Right -of -Way Field Review Inventory Manual includes all the materials used to conduct the field review of facilities and public ROW for the City's future reference. In Addition, SRF Consulting Group developed GIS data points and information to aid the City in prioritization of the ADA Transition Plan projects to coincide with CIP projects and focus on establishing accessible corridors in high pedestrian traffic areas. The GIS database is an online cloud -based mapping application. The purpose of the GIS database is to house the inventory of all existing ADA locations within the City with the capability to update, add, and share information as necessary. The database will serve as a management tool for the City. The field manual is included in Appendix C. Policies and Practices Previous Practices The City of Stillwater has strived to provide accessible pedestrian features as part of the City's CIP and new development projects. The City will continue to improve procedures to accommodate required methods of providing accessible pedestrian features. Policy The City's objective is to continue incorporating accessible pedestrian design features with development and CIP projects. The City has adopted ADA design standards and procedures as listed in Appendix C. These standards and procedures will be updated periodically in accordance with ADA best management practices. The City will respond to all accessibility inquiries and improvement requests appropriately. These requests and inquiries will be evaluated internally, and an appropriate response will be communicated to the requestor. This may include comment and/or consideration for implementation with related CIP projects. The City will coordinate with external agencies to ensure that all new or altered pedestrian facilities within City jurisdiction are ADA compliant to the maximum extent feasible. Maintenance of pedestrian facilities within the public ROW will continue to follow the policies set forth by the City. Requests for accessibility improvements can be submitted to the City's ADA Coordinator. Contact information for ADA Coordinator is located in Appendix A. 14 Pavement Management Program ADA improvements resulting in areas with non -compliant pavement conditions may be addressed through the City's pavement management program. These improvements may be funded through special assessments. Special assessments are for the cost of making a local improvement, or to collect certain charges that will benefit these properties. Cities may also use special assessments to recover the following costs including, but not limited to: • Street and sidewalk improvements • Streetlights • Planting, maintenance, and trimming of street • Retaining walls and area walls Prior to funding, projects go through the Public Involvement Process, which determine costs and the assessment rate. The assessment rate is determined such that a portion of the project cost is paid for by the benefiting property within the project and the remaining portion is paid for by the community through the general tax levy. Assessment rates vary from year to year and fluctuate by project. The City of Stillwater's Public Improvement Process may be found at the City's website: www.ci.stillwater.mn.us Additionally, the City coordinates with other jurisdictions for maintenance and improvements of facilities. These are outlined in the following section. Improvement Schedule Types of Improvements The following are typical improvements to public ROW that can be made to correct deficiencies in accessibility: • Intersection corner ADA improvement retrofits (a stand-alone ADA improvement project). • Intersection corner ADA improvement as part of an adjacent capital project. • Sidewalk/Trail ADA improvement retrofit (to include at grade crossings and sidewalk ramps). • Sidewalk/Trail ADA improvement as part of an adjacent capital project (to include at grade crossings and sidewalk ramps). Cost estimates of these improvements are included in Appendix D. 15 Priority Areas The City will work with the public during the public comment period to determine priority areas for ADA improvements. These areas will be selected due to their proximity to specific land uses such as schools, commercial areas, public buildings, and from the receipt of public comments. Factors that determine this include, but are not limited to: severity of non-compliance, barriers to access a public program or service, feasibility of remedies, safety concerns, and whether a location receives high public use. Priority will also be given to locations that would most likely not be updated by other City programs. Further, priority will be given to any location where an improvement project or alteration was constructed after January 26, 1991 (marking the formalization of ADA requirements), and accessibility features were omitted. Resident requests and location are also considerations for prioritizing improvements. To best use public resources, the priority areas for planned improvements projects were identified in the completion of this plan. A preliminary list of priority areas identified during the inventory process within the City can be found in Appendix D. Schedule The City has set the following schedule goals for improving the deficiencies in accessibility of its pedestrian facilities within the City's ROW: • Baseline of the City's total existing PAR/PCR condition: 17% compliant • After 10 years, 50% of PAR/PCR that were constructed after January 26, 1991, would be reasonably ADA compliant (100% compliance is not feasible given Minnesota's annual freeze -thaw cycles and pavement deterioration). • After 10 years, 50% of PAR/PCR within the priority areas identified by Stillwater staff would be reasonably ADA compliant. • After 20 years, 75% of PAR/PCR within the jurisdiction of the City would be reasonably ADA compliant. • After 30 years, 90% of PAR/PCR within the jurisdiction of the City (as identified in this plan) would be reasonably ADA compliant and fall within with City's monitoring program. The 30-year time frame to achieve 90 percent accessibility and the required commitment of funding is framed as a policy goal. The availability of funding and future development trends in the City of Stillwater may affect how these projects are prioritized, and the timing of public ROW improvements may affect progress toward the compliance goal. Methodology ADA compliance will be achieved utilizing the following two methods: 1) Scheduled improvements to utilities and ROW 16 This type of project would include scheduled road reconstructions and/or new development projects. 2) ADA-Specific Improvement Projects. This type of project would include standalone ADA improvement projects such as reconstruction of a pedestrian curb ramp and/or replacement of the APS system at a signalized intersection, separate from a road construction project. These projects will be determined by the City's CIP, or on a case by case basis determined by the ADA Coordinator and the City's grievance procedure. The City's 2018-2022 CIP is available upon request at City Hall. External Agency Coordination External agencies responsible for ROW pedestrian facilities within the jurisdiction of the City include MnDOT, Washington County, Minnesota Department of Natural Resources, and Metro Transit. The City will coordinate with those agencies to track and assist in the facilitation of eliminating accessibility barriers within the City. Additionally, this Plan supports the goals of other adopted documents that affect public ROW within the City, which includes specific cooperative agreements with Washington County, MnDOT, and Metro Transit. External Agency Plans may be found at the following links or made available by the City's ADA Coordinator: MnDOT ADA Transition Plan, 2015 http://www.dot.state.mn.us/ada/pdf/2014 TransitionPlanFinal.docx Metro Transit Accessibility https://www.metrotransit.org/accessibility Washington County ADA Transition Plan https://www.co.washington.mn.us/2324/ADA-or-Americans-With-Disabilities 17 ADA Coordinator In accordance with 28 CFR 35.107(a), the City of Stillwater has identified an ADA Title II Coordinator to oversee the City policies and procedures. Contact information for this individual is located in Appendix A. Public Outreach The City of Stillwater recognizes that public participation is an important component developing this document. Input from the community will be gathered and used to help define priority areas for improvements within the jurisdiction of the City of Stillwater. Public outreach for the creation of this document will consist of the following activities: The ADA Transition Plan for Public ROW, Public Buildings, and Facilities will be posted on the City of Stillwater website and made available in a hard copy for public comment for approximately thirty days prior to its recommendation for adoption. The draft version of the Plan will be distributed to key stakeholders including school administrators, local senior centers, businesses and service centers that have been identified as high priority areas for ROW improvements. The City of Stillwater will incorporate ADA into future Comprehensive Planning efforts. The City will make a reasonable effort to incorporate public comments into the final version of the report and will incorporate the Plan into parallel outreach efforts. A printed hard copy of the draft document is also available for review at City of Stillwater City Hall, 216 North Fourth Street, Stillwater, MN 55082 Further information on the Public Outreach initiatives and a summary of the comments received can be found within Appendix E. Grievance Procedure Under the ADA, each agency is required to publish its responsibilities regarding the ADA. A draft of this public notice will be provided in Appendix F. If users of City facilities and services believe the City has not provided reasonable accommodation, they have the right to file a grievance. To monitor the progress of compliance, the City, in accordance with 28 CFR 35.107(b), has established a grievance procedure for the prompt and equitable resolution of comments, concerns, or questions from the citizens of the City. The ADA grievance form is available online and at City Hall and can be returned to the ADA Coordinator. It may be used by anyone wishing to file a complaint, comment, or concern regarding discrimination based on disability. A sample of the Grievance Form can be found in Appendix F. 18 Appendices A. Contact Information B. Self -Evaluation Results B-1: Public Buildings Self -Evaluation Summary B-2: Public Buildings Self -Evaluation Inventory Tables B-3: Right -of -Way Self -Evaluation Inventory C. Agency ADA Design Standards and Procedures C-1: ADA Checklist for Existing Facilities C-2: Right -of -Way Field Review Inventory Manual C-3: PROWAG D. Schedule / Budget Information D-1: Cost Estimates for Public Buildings D-2: Cost Estimate for Right -of -Way E. Public Outreach E-1: Public Comments F. Grievance Procedure G. Glossary of Terms 19 Appendix A - Contact Information City of Stillwater ADA Coordinator Name: Shawn Sanders Address: 216 North Fourth Street, Stillwater, MN 55082 Phone: 651-430-8830 Fax: 651-275-4112 E-mail: ssanders@ci.stillwater.mn.us Washington County ADA Coordinator Name: Julie Sorrem Address: 14949 62nd Street North, Stillwater, MN 55082 Phone: 651-430-6083 E-Mail: Julie.sorrem@co.washington.mn.us Minnesota Department of Transportation ADA Contact Name: Kristie Billiar Phone: 651-366-3174 E-Mail: Kristie.billiar@state.mn.us Appendix B - Self -Evaluation Results At the time of the public buildings and facilities and ROW inventories, the City was following general ADA design guidance and procedures. This included a commitment to providing access to all users but does not have a formal policy or procedure to assign priority regarding ADA accessibility issues within the City. Implementing a method to assign priority will be a part of this Plan effort. Public Buildings and Facilities Data Collection for public buildings self -evaluation was completed in August of 2019. The self - evaluation was performed by the ADA consultants. The Public Buildings included in the inventory include the following, with overall percent compliant ratings shown in parentheses: Public Buildings • City Hall (76%) • Fire Station (82%) • Lily Lake Ice Arena (61) • Public Works Facility (79%) • St. Croix Valley Recreation Center (66%) • Stillwater Parking Ramp (66%) • Stillwater Public Library (74%) The initial findings and recommendations of each public buildings and facilities are found in B-1. Following the initial findings and recommendations per public buildings and facilities are three tables showing an at -a -glance summary of all findings and percent compliance (found in B-2). Public Buildings Key Findings Several deficiencies were found to be common across most public buildings: • Most accessible parking signs are incorrect height (60-66 inches measured from the bottom of the sign to the pavement). • Slope of the many spaces and access aisles were greater than 2 percent in any direction. • Most access aisles did not have "no parking" signs or paint. • Many curb ramps had slopes steeper than 8.3 percent and cross slopes steeper than 2 percent. • Many of the entrance doors required more than 5 pounds to open and did not take at least 2 seconds to close. Public Right -of -Way Data Collection for the PAR/PCR (City) self -evaluation was completed in August 2019. The self - evaluation was performed by the City's consultants. The detailed inventory is found in B-3. This initial self -evaluation of PAR/PCR yielded the following results: Figure 4. Self -Evaluation Results for Public Right -of -Way 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Percent ADA Compliance per Facility 70 Curb Ramps Sidewalks 62 Trails ■ Percent Compliant ■ Percent Non -Compliant External Agency Traffic Control Signals Chart Description: Six percent of curb ramps were ADA compliant. Thirty percent of sidewalks were ADA compliant. Thirty-eight percent of trails were ADA compliant. Sixteen percent of external agency traffic control signals were ADA compliant. B-1: Public Buildings and Facilities Self -Evaluation Summary B-2: Public Buildings and Facilities Self -Evaluation Inventory B-3: Right -of -Way Self -Evaluation Inventory Appendix C - Agency ADA Design Standards and Procedures Design Procedures Intersection Corners Curb ramps or blended transitions will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for an intersection corner to achieve full accessibility within the scope of any project. Those limitations will be noted, and those intersection corners will remain on the transition plan. As future projects or opportunities arise, those intersection corners shall continue to be incorporated into future work. Regardless of whether full compliance can be achieved, each intersection corner shall be made as compliant as possible in accordance with the judgment of the City. Sidewalks / Trails Sidewalks and trails will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for segments of sidewalks or trails to achieve full accessibility within the scope of any project. Those limitations will be noted, and those segments will remain on the transition plan. As future projects or opportunities arise, those segments shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, every sidewalk or trail shall be made as compliant as possible in accordance with the judgment of the City. Traffic Control Signals All traffic control signals within the City are under the jurisdiction of Washington County or MnDOT but one (Market Place and Curve Crest). If there is a specific traffic control signal of concern, a grievance may be filed with the County or MnDOT. The City will attempt to coordinate replacement and new accessible pedestrian signals to be constructed or upgraded to achieve compliance in the future. There may be limitations which make it technically infeasible for individual traffic control signal locations to achieve full accessibility within the scope of any project. Those limitations will be noted, and those locations will remain on the transition plan. As future projects or opportunities arise, those locations shall continue to be incorporated into future work. Bus Stops Bus stops within the City are provided by Metro Transit, a division of the Metropolitan Council. The Metropolitan Council maintains an ADA Transition Plan, which can be viewed here: https://metrocouncil.org/Council-Meetings/Committees/Transportation-Accessibility-Advisory- Committee/2017/TAAC-Meeting-10-04-17/Met-Council-Transition-Plan.aspx. If there is a specific bus stop of concern, a grievance may be filed with the Metropolitan Council. The City will attempt to coordinate replacement and new bus stops be constructed or upgraded to achieve compliance in the future. There may be limitations which make it technically infeasible for individual bus stop locations to achieve full accessibility within the scope of any project. Those limitations will be noted, and those locations will remain on the transition plan. As future projects or opportunities arise, those locations shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each bus stop location shall be made as compliant as possible in accordance with the judgment of City staff. Other policies, practices and programs Policies, practices and programs not identified in this document will follow the applicable ADA standards. Design Standards A copy of the Public Buildings and Facilities ADA checklist, created by the Institute for Human Centered Design (member of the ADA National Network), is provided in C-1. For public ROW facilities, the City of Stillwater has PROWAG, as adopted by the Minnesota Department of Transportation (MnDOT), as its design standard. A copy of this document is included in C-3. C-1: ADA Checklist for Existing Facilities C-2: Right -of -Way Field Review Inventory Manual C-3: PROWAG Appendix D -Schedule/Budget Information Cost Information Costs for upgrading public buildings, facilities and ROW can vary depending on each individual improvement and conditions of each site. Costs can also vary on the type and size of the ADA improvements. Listed below are representative 2019 costs for typical accessibility improvements: Table 1 Public Buildings and Facilities Unit Prices Recommendation Projected Cost Potential Additional Cost Access, Approaches, and Entrances Install Accessible Parking Signage $200.00 Adjust Mounting Height of Accessible Parking Signs $100.00 Install "Van Accessible" Sign $200.00 Restripe Accessible Parking Stalls and/or Access Aisles $500.00 $3,000.00 Designate Access Aisle with "No Parking" Sign $200.00 Reconstruct Accessible Parking Stalls and/or Aisles to Compliant Grades $3,500.00 $5,000.00 Provide Additional Accessible Parking Space (Regrade If Necessary) $2,000.00 $5,000.00 Reconstruct Access Route $5,000.00 $5,000.00 Reconstruct Curb Ramp $3,000.00 $3,000.00 Construct New Curb Ramp $5,000.00 $5,000.00 Install Access Route Signage $800.00 Provide Crosswalk Pavement Markings $1,000.00 Replace Main Entry Doors $1,000.00 $2,000.00 Adjust/Install Closing Mechanism on Main Door $1,000.00 $1,000.00 Install/Replace Door Handle $500.00 $1,000.00 Install Bevel at Main Door Threshold (Or Reconstruct Stoop) $500.00 $5,000.00 Replace Entryway Door Mats $200.00 Reconstruct Entryway (Structural) $5,000.00 $5,000.00 Access to Goods and Services Remove/Relocate Wall or Door (for Adequate Clearance) $5,000.00 $5,000.00 Reconstruct Ramp (and Extend Handrail) $5,000.00 $5,000.00 Adjust/Install Closing Mechanism on Interior Door $1,000.00 $1,000.00 Install Tactile and Braille Signage $200.00 Provide Accessible Service Counter $2,000.00 $2,000.00 Adjust/Recess Drinking Fountain $2,500.00 $2,500.00 Adjust/Recess Phone Location $1,000.00 $2,500.00 Provide ADA-Compliant Phone $1,500.00 $2,500.00 Add TTY and Volume Control to Phone $500.00 Replace Fire Alarm $500.00 $1,000.00 Provide Casing (for Vending Machine, Drinking Fountain, Etc.) $500.00 The estimated unit prices for public building improvements range from a projected base cost to a maximum potential cost, which includes the projected plus the potential additional costs. For estimating purposes, the cost to improve a single feature was determined by the results of the self -evaluation. D-1 includes a breakdown of individual cost estimates by public buildings. Table 2 Public Right -of -Way Unit Prices Project Cost Intersection corner ADA improvement retrofit (per corner) $4,000 - $6,000 Sidewalk ADA improvement retrofit (50 square feet of 5' wide sidewalk replaced per sidewalk data point) $15.00 per SF Trail ADA improvement retrofit (50 square feet of 8' wide bituminous trail replaced per trail data point) $10.00 per SF For estimating purposes, the cost to improve a single curb ramp on an intersection corner was estimated to be $5000. Cost estimates for the improvements are based on 2019 construction costs and include contingency for engineering and oversight. D-2 includes a summary of the total cost estimate for public ROW. Priority Areas The City has established the following criteria to define priority levels. The City will consider all ADA improvement requests as received, which may affect the prioritization level of a specific project when appropriate. Category 1A (Highest Priority): • No curb ramp where sidewalk or pedestrian path exists and location near a medical center, school, transit facility, government building, non -auto dependent household, or similar facility. Category 1B: • Existing curb ramp with a noncompliant running slope and location near a medical center, school, transit facility, government building or similar facility. Category 2A: • No curb ramp where a sidewalk or pedestrian path exists (not located near a medical center or similar facility). Category 2B: • An existing curb ramp with a running slope greater than 12% or a cross slope greater than 3% (not located near a medical center or similar facility). Category 3: • No curb ramp where a striped crosswalk exists. Category 4: • One curb ramp per corner and another is needed to serve the other crossing direction. Category 5A: • An existing curb ramp with an insufficient landing. Category 5B: • An existing curb ramp with obstructions in the ramp or the landing. Category 5C: • An existing curb ramp with any of the following conditions: o A running slope greater than 8.3% o A cross slope greater than 2% o A width less than 48 inches • No flush transition or median, or island crossings that are inaccessible. • Detectable Warnings do not extend the full width of the trail or sidewalk. Category 5D: • An existing curb ramp with returned curbs where pedestrian travel across the curb is not permitted. Category 5E: • An existing diagonal curb ramp without the 48-inch extension in the crosswalk. Category 5F: • An existing curb ramp without truncated dome texture contrast or without color contrast. Category 6 (Lowest Priority): • The pedestrian pushbutton is not accessible from the sidewalk or from the ramp. The City will establish high priority areas for accessibility improvement projects based on the proximity to schools, commercial areas, senior care facilities, government services, and medical care facilities. Entire Jurisdiction Based on the results of the self -evaluation, the estimated costs associated with providing ADA accessibility within the entire jurisdiction including both public buildings and ROW is $8,806,750. The maximum potential cost of public building and facility improvements were used for estimating purposes. This amount assumes project cost estimates depicted under Tables 1 and 2 are applied as stand-alone projects. The City will likely benefit from economy of scale when larger building, facility, street and ROW reconstructions occur. The City will continue to incorporate ADA best practices and standards with CIP projects and as part of stand-alone projects. D-1: Cost Estimates by Public Buildings and Facilities D-2: Cost Estimate for Right -of -Way Appendix E - Public Outreach The City recognizes that providing an opportunity for review and comment is an important part of this Plan. Comments will be recorded and, if feasible, modifications to the document content and prioritization of improvements will be made. As part of the Plan development process, the City will post the Plan document on the City's Engineering section of its website www.ci.stillwater.mn.us, and the Plan will be made available for public comment. Additionally, a printed copy of the Plan will be made available at City Hall. A link to the plan was also distributed via email to school districts, medical facilities, and other public agencies with facilities in the City of Stillwater. The following is a list of Stakeholders and the text that was included in the email notice. Stakeholder Contact List • Stillwater Area Public Schools • New Heights School • Salem Lutheran School • St. Croix Catholic School • St. Croix Preparatory Academy Upper • Clarvista Medical • Healthpartner Clinics • Stillwater Medical Group Urgent Care • Fire Station • Lily Lake Ice Arena • St. Croix Valley Recreation Center • Stillwater Parking Ramp • Stillwater Public Library Email Notice To whom it may concern: The City of Stillwater is seeking input from the public on the draft plan to support accessibility for people using its facilities. We invite you to review the draft version of the Plan, as it is being finalized. Feel free to distribute this email to your colleagues, or other that may find this plan to be of interest. The purpose of this notice is to introduce the ADA Transition Plan to the public and inform those that work in "priority areas" related to accessibility about the City's work thus far. Any comments that you provide may be incorporated into the final version of the plan, and help the City of Stillwater to identify key areas for improvement, including curb ramps, sidewalks/trails, and public buildings. If you need a reasonable accommodation, assistance, or require more information please contact the City of Stillwater ADA Coordinator, Shawn Sanders. Thank you for your input, City of Stillwater Record of Public Outreach Summary Forthcoming after public comment period concludes. Comments received during this period can be found in the E-1. E-1: Public Comments Appendix F - Grievance Procedure Under the ADA, each agency is required to publish its responsibilities regarding the ADA. A draft of this public notice is provided in Appendix E. If users of public ROW, buildings, and facilities believe the City has not provided reasonable accommodation, they have the right to file a grievance. In accordance with 28 CFR 35.107 (b), the City has developed the following grievance procedure for the prompt and equitable resolution of citizen complaints, concerns, comments, and other grievances. The City understands that members of the public may desire to contact staff and discuss ADA issues without filing a formal grievance. Members of the public wishing to contact the staff should contact the ADA Coordinator, listed in Appendix A, and are encouraged to do so. Contacting the ADA Coordinator to informally discuss ADA issues is welcome and does not limit the ability or right to file a formal grievance later. Upon receipt of a completed Grievance Form, the ADA Coordinator will review the information in a timely manner and contact the complainant in order to attempt to find a resolution to the complaint. If the complainant is not satisfied with the resolution proposed by the ADA Coordinator, then within 10 days, the complainant may make a written appeal to the City Administrator, who shall have final decision -making authority regarding the complaint. Grievances must be resolved within a reasonable timeframe. As per ADA requirements, the City has posted a notice outlining its responsibilities. This notice can be found in this Appendix. The City appreciates and welcomes your comments. To provide feedback, please complete a comment form located in the following pages (p.24-25), or contact the ADA Coordinator listed in Appendix A Those wishing to file a formal written grievance with the City may do so by one of the following methods: Internet Visit the City of Stillwater website www.ci.stillwater.mn.us and click the "ADA" link to the ADA Grievance Form. Fill in the form online and click "submit." A copy of The ADA Grievance Form is included in this Appendix. Telephone Contact the ADA Coordinator listed in the Contact Information section of Appendix A to submit an oral grievance. The ADA Coordinator will utilize the Internet method above to submit the grievance on behalf of the person filing the grievance. Paper Submittal Contact the ADA Coordinator listed in the Contact Information section of Appendix A to request a paper copy of the City's grievance form, complete the form, and return it to the ADA Coordinator. The ADA Coordinator or City staff person will then utilize the Internet method above to submit the grievance on behalf of the person filing the grievance. Public Notice In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, the city of Stillwater will not discriminate against qualified individuals with disabilities on the basis of disability in City services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcome in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the ADA Coordinator as soon as possible, but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden. The City will not place a surcharge on an individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. ADA Grievance Form Please fill out this form completely, in black ink or type. If you need any accommodation or assistance in completing this form, please contact the ADA Coordinator, Shawn Sanders at 651- 430-8830. Sign and return to: Stillwater City Hall — 216 4th Street North, Stillwater, MN 55016 Section I —Discrimination Description Date of Alleged Discrimination (Month, Day, Year): Have efforts been made to resolve this complaint? Yes 0 No 0 If yes, what is the status of the grievance? Has the complaint been filed with the Department of Justice or any other Federal, State or local civil rights agency or court? Yes 0 No 0 If Yes: Agency or Court: Contact Name: Contact Title: Agency Name: Phone: Description of Grievance/Discrimination: Section II — Complainant Information Complainant Name: Street Address: City: State: Zip: Home Phone: Mobile Phone: Work Phone: Email: Preferred method of communication: Mail El Email 0 Phone 0 Section III — Completed by Are you filling this complaint out on your own behalf? If Yes, complete Section III If No, please supply the name and relationship of the person for whom you are complaining: First and last name of person for whom you are filling: Relationship of the person for whom you are filling: Please explain why you have filed for a third party: Yes n No 0 Please confirm that you have obtained the permission of the aggrieved party, if you are filing on behalf of a third party. Yes 0 No 0 Section IV — Previous Have you previously filled an ADA complaint with this agency? Yes 0 No 0 Section VI — Remedy Sought State the specific remedy sought to resolve the issues (s): You may attach any written or other information that you this is relevant to your complaint. Signature: Date: I sincerely and truly declare and affirm that the facts contained herein are complete, accurate, and true to the best of my knowledge and belief. Further, I declare and affirm that my statement has been made by me voluntarily without persuasion, coercion, or promise of any kind. Appendix G - Glossary of Terms ABA: See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: MnDOT's transportation system plan that identifies accessibility needs, the process to fully integrate accessibility improvements into the Statewide Transportation Improvement Program (STIP), and ensures all transportation facilities, services, programs, and activities are accessible to all individuals. ADAAG: See Americans with Disabilities Act Accessibility Guidelines. Accessible: A facility that provides access to people with disabilities using the design requirements of the ADA. Accessible Pedestrian Signal (APS): A device that communicates information about the WALK phase in audible and vibrotactile formats. Alteration: A change to a facility in the public right-of-way that affects or could affect access, circulation, or use. An alteration must not decrease or have the effect of decreasing the accessibility of a facility or an accessible connection to an adjacent building or site. Americans with Disabilities Act (ADA): The Americans with Disabilities Act; Civil rights legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for accessibility to public facilities, including sidewalks and trails, by individuals with disabilities. Americans with Disabilities Act Accessibility Guidelines (ADAAG): contains scoping and technical requirements for accessibility to buildings and public facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. APS: See Accessible Pedestrian Signal. Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Capital Improvement Program (CIP): The CIP for the Transportation Department includes an annual capital budget and a five-year plan for funding the new construction and reconstruction projects on the county's transportation system. Detectable Warning: A surface feature of truncated domes, built in or applied to the walking surface to indicate an upcoming change from pedestrian to vehicular way. DOJ: See United States Department of Justice Federal Highway Administration (FHWA): A branch of the US Department of Transportation that administers the federal -aid Highway Program, providing financial assistance to states to construct and improve highways, urban and rural roads, and bridges. FHWA: See Federal Highway Administration Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation path that provides accessibility. Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for pedestrian travel. PROWAG: An acronym for the Guidelines for Accessible Public Rights -of -Way issued in 2005 by the U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights -of -way. Retrofit: The installation of ADA-compliant infrastructure to correct non -compliant elements within an existing transportation system without replacing the entirety of the existing infrastructure. Right of Way (ROW): A general term denoting land, property, or interest therein, usually in a strip, acquired for the network of streets, sidewalks, and trails creating public pedestrian access within a public entity's jurisdictional limits. Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program or activity conducted by the federal government. Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are required to meet; includes scoping and technical specifications. United States Access Board: An independent federal agency that develops and maintains design criteria for buildings and other improvements, transit vehicles, telecommunications equipment, and electronic and information technology. It also enforces accessibility standards that cover federally funded facilities. United States Department of Justice (DOJ): The United States Department of Justice (often referred to as the Justice Department or DOJ), is the United States federal executive department responsible for the enforcement of the law and administration of justice. MEMORANDUM To: Mayor and City Council From: Reabar Abdullah, Assistant City Engineer -- Date: April 3, 2020 Subject: Parking Survey on Neal Avenue DISCUSSION: At the direction of the City Council at their meeting on March 17, 2020, the Engineering Department conducted a survey to determine the proposed parking lane on Neal Ave. from Boutwell Rd. to Brown's Creek DNR Trail. Attached is a copy of the letter that was sent to all property owners abutting Neal Ave. between Boutwell Rd. and Brown's Creek DNR Trail. Also attached, is an exhibit showing the result of the survey. In total we sent out 25 letters and received 21 responses. The responses were very close; eight votes for parking on the east side, seven votes for no parking, and 6 votes for parking on the west side. RECOMMENDATION We recommend that parking be placed on the east side of Neal Ave. because there are more driveways on the west side that can affect sight distance for cars exiting their driveways, and it will limit the space available for parking. ACTION REQUIRED If Council concurs with the recommendation, they should pass RESOLUTION NO. APPROVE PARKING LANE ON THE EAST SIDE OF S.A.P.169-117 003 (Neal Ave.) FROM BOUTWELL RD TO BROWN'S CREEK TRAIL IN THE CITY OF STILLWATER, MINNESOTA. APPROVE PARKING RESTRICTIONS ON WEST SIDE OF S.A.P. 169-117-003 NEAL AVE. FROM BOUTWELL RD. TO BROWNS CREEK STATE TRAIL AND ON THE EASTSIDE FROM BROWNS CREEK TRAIL TO McKUSICK RD. IN THE CITY OF STILLWATER, MINNESOTA WHEREAS, the City has planned the improvement of Neal Ave, State Aid Route No. 169-117 from Boutwell Rd. to McKusick Rd. in the City of Stillwater, Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on the west side of the street; from Boutwell Rd. to Browns Creek State Trail and on the east side from Browns Creek State Trail to McKusick Rd. and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: that the City shall ban the parking of motor vehicles on the west side of MSAS117 (Neal Ave) between Boutwell Rd. to Browns Creek State Trail and on the east side from Browns Creek State Trail to McKusick Rd. at all times. Adopted by the Council this 7th day of April, 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk s ti• cP n � , N � -WFIFTE P+h11='f AN Parking Restrictions No Address Total Provided No Parking 7 0 7 East 4 4 8 West 4 2 6 8087 8077 W 1274 8045 I, z .1 � 1$07, I dfi J i �1' 12724 5� 6t `t11k x14 . 12764 . F --- 1230 8270 8262 . 2400 ; �} EAGLE RIDGE TR 12840 Feet 0 262.5 525 '12920 7940 1,050 113032 1945 Outlol L 17 yu W a \ t746 to:,: 1794 -- • �o�� � rr - ' MCkUSiCK 1745 ;?25 1 I1720 - kkKusicK Roan 136d3 N N ...N .I22ZC' 1:AL;I..i 1-.'f)(3E 1.0\11 WALNU .:i.• s_r. l �• 1201 • rJGt'a 7939 _ 'J 7919 13277 Outlol H Memorandum To: Mayor and City Council 5 From: Shawn Sanders. of Public Works Date: April 2, 2020 Re: Lily Lake Improvement Project Cooperative Agreement DISCUSSION: In 2007, a Lake Management Plan was completed for both McKusick and Lily Lake to look at ways to reduce the amount of phosphorous entering into the lakes. (Both of these lakes were listed as impaired waters, by the Minnesota Pollution Control Agency for excessive nutrients, mainly phosphorous) The plan indicated a phosphorous reduction goal for each of the lakes and included projects in order to achieve that goal. Projects include rain gardens and pond excavations, and alum treatments. Through projects in the City and the Watershed organizations, Mckusick Lake was delisted as in impaired water in 2012. Over the past couple of years the, the City has been working with the Middle St. Croix WMO on a study further looking at options and specific locations to reduce the phosphorous in Lily Lake. The study identified two projects that would be the most effective; install an infiltration basin south of Lily Lake along Greeley Street and apply an alum treatment to the lake. Currently the drainage area south Lily Lake has all the storm runoff draining into o the lake without any water quality treatment. Installing an infiltration basin, would reduce phosphorous entering the lake by capturing sediment and reducing the volume of water entering the lake. The second project is an alum treatment. By applying alum to the lake, the alum forms a floc around the phosphorous and then settles to the bottom of the lake. These two projects would achieve the phosphorus goal for Lily Lake and make a strong case to have Lily Lake delisted as impaired water. The WMO has estimated cost for these two project at $650,000. This past year the WMO was able to secure a grant from the Clean Water Fund in the amount of $513,500 or about 80% of the project. The WMO would contribute another $30,000. The remaining amount or $110,000 would be paid by the City. The WMO is looking to complete the project in two phases, pond construction in 2021 and Alum treatment in 2022. To keep the project going, the WMO has provided a cooperative agreement specifying responsibilities for design, construction, maintenance and cost. Other than costs, mentioned above, the City responsibility include providing land for the infiltration basin, and a maintenance responsibilities five years after construction. The agreement has been reviewed and approved by staff and City attorney. RECOMMENDATION Staff recommends that council review and approve the Cooperative Agreement for the Lily Lake Improvement Project. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the Cooperative Agreement for Lily Lake Improvement Project. COOPERATIVE AGREEMENT LILY LAKE IMPROVEMENT PROJECT (CWF C20-6055) This Cooperative Agreement ("Agreement") is made as of the day of 202, by and among the Middle St. Croix Watershed Management Organization, a joint powers watershed management organization ("WMO") and the City of Stillwater, a Minnesota municipal corporation ("City"). The WMO and the City may hereinafter be referred to individually as a "party" or collectively as the "parties." 1. Background. 1.1 The parties wish to undertake a cooperative stormwater project to reduce phosphorus discharge into Lily Lake ("Lake"). 1.2 This cooperative project involves diverting stormwater flows from Greeley Street South, onto the southern portion of City property located at 1208 Greeley Street South in the City of Stillwater ("Property"), the construction of new stormwater piping and stormwater control structures on the Property, the installation of a filtration basin and pretreatment collection area on the Property, and an in -lake alum treatment ("Alum Treatment") after the installation is complete (collectively, the "Project"). The filtration basin and the new storm sewer pipe to be constructed or placed as part of the Project are hereinafter collectively referred to as the "Stormwater Management Facilities." As a result of the Project, stormwater will be diverted from running into the Lake, treated in the filtration basin, and managed as part of the City's existing storm sewer system. 1.3 WMO will bid, enter into a contract with the contractor awarded the construction bid for the Project ("Contractor"), and construct the Project on the Property. The Project includes the use of grant funding from the Clean Water Fund (C20-6055). 1.4 The purpose of the Project is to reduce sediment and phosphorous discharge to the Lake and will result in the City being awarded credit for 12.50 pounds of Total Phosphorus reductions ("Credit") that can be applied, per WMO rules, to projects within the Lily Lake direct watershed. This Credit can be applied toward new or reconstructed impervious surfaces on the Property, including parking lots, buildings, outside patios or sidewalk surfaces, or as part of future Greeley Street South Roadway Improvements. The WMO is responsible for maintaining a record of the Credit and applying it to future projects as is appropriate. 1.5 The WMO agrees to provide cash funding up to $513,500 for the Project (from Clean Water Fund grant C20-6055). The WMO will additionally provide local funding cash contributions up to $30,000. 1.6 The City agrees to provide cash match of up to $80,000, and up to $30,000 in -kind match for Project -related road construction activities. 2. Design, Contracting, Construction, and Maintenance. 1 The parties agree they shall have the following duties with respect to the Project and maintenance of the Stormwater Management Facilities: 2.1 The WMO shall be responsible for each of the following: preparing this Agreement; preparing the designs, plans, and specifications for the construction of the Project; provide design and bid documents for bidding and contracting to construct the Project; ensure any warranty work on the Project to be performed by the contractor is completed; installing and establishing vegetation on areas disturbed by the construction of the Project; operating, maintaining, cleaning, repairing, and replacing the pretreatment collection area and filtration basin for the first 5 years after project installation; and conducting annual inspections of the Project. 2.2 The WMO will maintain the Stormwater Management Facilities, per section 2.4, for the first 5 full growing seasons following the Project completion date. The City will take over maintenance in year 6 for the remainder of the 25-year life of the project. 2.3 The Credit will not expire as a result of WMO rule changes, including volume and rate control changes that may take place during the pre -development phase of the work to be performed on the Property. 2.4 Maintenance of the pretreatment collection area and filtration basin by the WMO and the City, as is required in sections 2.1 and 2.2 above, and as described in the "BWSR Native Vegetation Establishment and Enhancement Guidelines (January 2019 edition)" shall include (1) annual removal of accumulated sediment, trash, and debris both in the basin proper and in the pretreatment collection area, (2) annual eradication of noxious weeds and invasive species, (3) installation of supplemental native vegetation, as needed, if barren areas form or if control of noxious or invasive species control exceeds 25% of the Project area, (4) repair of any areas of erosion, as needed, (5) inspection and removal of debris at inlet and outlet structures to ensure flow is not impeded and verification that the structures and pipes are functioning properly, and (6) replacement of nonfunctional filtration media impacted by sedimentation and with a measured infiltration rate less than 0.375 inches per hour. The WMO will provide a list of maintenance activities and their frequency to the City upon transfer of maintenance responsibilities per section 2.2 of this Agreement. 2.5 The Stormwater Management Facilities shall not be considered a "wetland" under Minnesota law for the purposes of future addition or modification. 2.6 The City shall allow access to the WMO and qualified staff to the public boat launch on the days needed to dose the lake with the alum treatment. 2.7 The WMO will provide public and City notification per Minnesota Department of Natural Resources ("DNR") guidelines for the Alum Treatment. 3. Payment. 2 3.1 The WMO agrees to pay the Contractor, per the terms of the construction contract agreed to after the bid close. 3.2 City agrees to pay WMO up to the cash amount stated in Section 1.6 upon receipt of an invoice and affirmation that WMO has matched the cash amount of funding requested from the City. 4. Access. 4.1 The City hereby grants the WMO, their employees, agents, and contractors a license to access the Property as needed to allow the WMO to design and construct the Project, to operate, maintain, clean, repair, and replace the pretreatment swale and infiltration basin, and to conduct annual inspections of the Project as provided in this Agreement. This license shall terminate once the City uses its Credit and the WMO is no longer responsible for operation, maintenance, cleaning, repair, and replacement of the pretreatment collection area and the filtration basin. 4.2 The City, with respect to the Property, hereby grants the WMO, its employees, agents, and contractors a license to access the Property to allow the WMO to conduct such inspections, take such measurements, and to undertake such other activities as may be needed to perform its duties under this Agreement, including access for the life of the pretreatment swale and infiltration basin for the purpose of monitoring water quality and quantity, and the Project's efficacy. 4.3 Any party doing work pursuant to a license granted under this section shall be responsible for restoring the Property to at least the same condition it was in prior to performing the work and for not unreasonably interfering with the use of the Property being accessed. 5. Miscellaneous. 5.1 Term. This Agreement shall be effective immediately upon execution of this contract, and will remain in effect for the 25 year functional life of the Stormwater Management Facilities, with the 25 years beginning on the Project completion date. The Project completion date will be the date of the MSC WMO board approval for final payment of the Project. 5.2 Project Removal or Replacement. Should the land occupier fail to maintain the practice during its effective life, the land occupier is liable to the State of Minnesota for the amount up to 150% of the amount of financial assistance received to install and establish the practice unless the failure was caused by reasons beyond the land occupier's control, or if conservation practices are applied at the land occupier's expense that provide equivalent protection of the soil and water resources. 5.3 Disputes. The parties will attempt in good faith to resolve any controversy or claim arising out of or related to this Agreement by negotiation. If negotiation is not successful, any party may request that the matter be mediated using a mediator acceptable to all parties, the 3 expense of which will be shared equally. If the matter has not been resolved within 60 days of the first written notice of the dispute, or if any party refuses to participate in mediation, a party may seek appropriate relief in a court of competent jurisdiction. 5.4 Amendments. Any amendments to this Agreement must be in writing and signed by all of the parties. This Agreement replaces any prior discussion or understandings of the parties regarding the Project. 5.5 Notices. Any notices under this Agreement shall be given to the following people, unless either party gives written notice to the other that the person designated to receive notice has been changed: WMO: Matt Downing, Administrator 455 Hayward Avenue Oakdale, MN 55128 (651) 330-8220, ext. 22 mdowninga,,mnwcd.org CITY: Tom McCarty, City Administrator 216 4th Street North Stillwater, MN 55082 651-430-8801 tmccarty@ci.stillwater.mn.us 5.6 Liability. Each party is responsible for the acts and omissions of itself and its officers and employees to the extent authorized by law. No party is accepting liability for any other party. Nothing herein shall be deemed a waiver by either party of any applicable exclusions from or limits on liability including, without limitation, Minnesota Statutes, Chapter 466. The liability limits under Minnesota Statutes, section 466.04 applicable to the parties shall not be added together for determining total liability and they shall instead be treated as a single governmental unit as provided under Minnesota Statutes, section 471.59, subdivision 1 a. 5.7 Compliance. Each of the parties shall be responsible for complying with all applicable federal, state, and local laws, rules, regulations, and ordinances in carrying out their respective duties under this Agreement. IN WITNESS WHEREOF, the undersigned, as duly authorized representations of the parties, have entered into this Agreement effective as of the date first written above. 4 MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION By: Matt Downing, Administrator By: Brian Zeller, Board Chair Date: CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 5 SECTION A -A' INFILTRATION / - AREA DEPTH:1'-6" DYER FLOW - LEGEND Q INFILTRATION AREA CONSISTING OF NATIVE PLANTS, INCLUDING POLLINATOR PLANTINGS © BIOFILTRATION SWALE WITH NATIVE PLANTINGS TU CONDUCT BASIN OVERFLOWS TO EXISTING GREELEY ST STORM SEWER TURF WALKING PATH ENCIRCLING INFILTRATION 'BASIN AND CONNECTING TO PARKING LOT - 0` EXISTING PARKING LOT © NEW STORM SEWER WITH LOW FLOW INTERCEPTOR ' TO CAPTURE FLOWS FROM ORLEANS ST HOUSING COMPLEX VIA GREELEY ST SYSTEM OUTLETS INTO EXISTING GREELEY ST STORM SEWER • Lily Lake Bali Fields Infiltration Area w a ter SCALE IN FEET ecology community STAFF REQUEST ITEM Department: St. Croix Valley Recreation Center DESCRIPTION OF REQUEST Date: 3/30/2020 We are requesting to purchase a new sound system for both rinks at the St. Croix Valley Recreation Center and add some additional power on the ceiling. They current system has outlast its life cycle and people are having a hard time understanding the current system. FINANCIAL IMPACT I'm requesting a budget to replace the sound system and power not to exceed $75,000. The funds will come from our reserve fund. ADDITIONAL INFORMATION ATTACHED Yes X_ Sound and Media Solutions Allied Production and Sales Alchemy Sound and Vision Staff recommends Alchemy Sound and Vision Submitted by: Doug Brady 82,422.15 89,902.57 73,167.37 Date: 3/30/2020 RESOLUTION ACCEPTING THE PROPOSAL OF ALCHEMY SOUND AND VISION FOR REPLACEMENT OF THE ICE RINKS SOUND SYSTEM AT THE ST. CROIX VALLEY RECREATION CENTER AND AUTHORIZING TRANSFER OF FUNDS FROM THE ST. CROIX VALLEY RECREATION CENTER FUND BALANCE TO THE CAPITAL PROJECTS FUND TO COMPLETE THE PROJECT WHEREAS, the current sound system in the ice rinks at the St. Croix Valley Recreation Center has outlasted its life cycle and spectators at ice rink events have difficulty in understanding the broadcasts over the current sound system; and WHEREAS, replacement of the current sound system in advance of the fall sports season is a priority for the St. Croix Valley Recreation Center and its Manager has obtained proposals from qualified vendors to replace the sound system as shown in the attached documents and recommends acceptance of the proposal from Alchemy Sound and Vision in the amount of $73,168.00; and WHEREAS, replacement of the sound system was not included in the 2020 approved City budget; and WHEREAS, City staff has performed a financial review of the proposed project and believes adequate fund balance exists within the St. Croix Valley Recreation Center Fund to complete the sound system replacement project in 2020 while maintaining adequate reserves in the Fund pursuant to current GASB (Governmental Accounting Standards Board) guidelines. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the quote of Alchemy Sound and Vision to replace the current sound system at the St. Croix Valley Recreation Center, authorizes the transfer of $73,168.00 from the St. Croix Valley Recreation Center fund to the Capital Projects fund for completion of the project and authorizes the Mayor to sign all necessary agreements to complete the project. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of April 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk SOUND MEDIA SOLUTIONS SALES PROPOSAL Presented'to St, Croix Valley Recreation Center ••L! ii -11 South Rink Sound System Presented by: Eric Klingsporn eric@soundandmediasolutions.com 507.31 6.6706 3/12/2020 South Rink Sound System St. Croix Valley Doug Brady ■ N ■ MI ■ ■ ■ ■ ■ . ■ • Dear Doug Brady Sound and Media Solutions is a full -service Commercial Audio Video Integrator that designs and installs professional AV Systems. Through our cutting -edge technology, we offer a broad range of AV Solutions making us your one -stop -shop for Professional AV. We have proven reliability in our people and our products ranging from audio systems, video conferencing, multimedia presentation systems, background music and more. We are a certified Women Owned Business providing local support and long-term partnerships. If you have any questions about any of these costs or would like to discuss anything contained in this proposal, please feel free to reach out to me anytime. CUSTOMER INFORMATION Customer Name: St. Croix Valley Site Address: 1675 Market Drive Stillwater, MN 55082 Email: recctr@ci.stillwater.mn.us Billing Address: 1675 Market Drive Stillwater, MN 55082 *Billing Email: recctr@ci.stillwater.mn.us Contact Name: Doug Brady Phone: 651-430-2601 SOUND AND MEDIA SOLUTIONS 3003 43R' ST NW, SUITE 109 j ROCHESTER, MN 55901 PROJECT DESCRIPTION ■ . ■ . ■ ■■■■■■■ Summary - Objectives & Outcome Remove and replace St. Croix Valley Recreation Center South Rink Sound System Goals for new system: 1. Highest Quality Dynamic Sound a. Highs, mids, lows b. Balanced audio c. Clear PA announcement 2. Ease of Use 3. Protect Equipment/Investment from public 4. Audio input at scorers table for use during games/on-ice events 5. Bluetooth audio input at scorers table for wireless connection 6. Wired Microphone input at scorers table for use during games/on-ice events 7. Wireless microphone system incorporated into the sound system System Description - Functionality Requirements Sound and Media Solutions(SMS) will provide and install a high quality sound system at the St. Croix Valley Recreation Center South Rink in Stillwater, MN. In the main arena office, Existing floor standing rack will be re -used to house the head end equipment. A Furman power conditioner surge protector will be installed to protect the equipment/investment. All AC powered rack equipment will plug into the power conditioner. 20 Amp AC power will be provided by the customer. Four (4) QSC 2000 Watt dual channel power amplifier will power seventeen (17) ultra high quality EAW 109i loudspeakers and two (2) dual 12" driver EAW subwoofers mounted in the steel truss system of the arena. A Biamp Nexia Digital Signal Processor will process, balance, and equalize the audio signals input into the system. Two (2) Biamp Red - 1 wall mount audio controls will be installed in two locations. One in the head end location and one at the scorers table location. A 3.5mm auxiliary audio jack will be wired and installed in the scorers box in a location for easy input of an audio source of the client's choosing(pc, laptop, ipad, smart phone, etc.). A Denon Bluetooth Receiver will be added as an input on the system and mounted below the scorers table for close proximity to the individuals connecting wirelessly to the sound system. A push button will be added to the scorers table for easy paring of devices to the bluetooth receiver. Instructions will be printed and mounted. An XLR input plate will be installed at the scorers table location for input of a new Audio Technica wired hand held microphone with stand. Handheld mic will have on/off switch. An Audio Technica 3000 Series wireless mic system with handheld microphone will also be input into the sound system. SOUND AND MEDIA SOLUTIONS 13003 43" ST NW, SUITE 109 I ROCHESTER, MN 55901 PROJECT DESCRIPTION System Description - CONTINUED ■ . ■ ■ ■ ■■■■■■■ SMS recommendation: Client install a permanent enclosure similar the one pictured on this page along with an audio source(windows tablet, ipad, kindle fire, etc.) with a pre -loaded game music and sound effects app. New music can be downloaded to the device if it is linked to an association managed account like Amazon, iTunes, etc... • 1 Rationale for a permanent source is to protect the sound system from various unknown devices being plugged into the system "hot" and then over -driving the speakers. Also, a permanent audio source prevents the auxiliary wire from being plugged in and out, which saves the system from experiencing crackle and pop associated with improper plugging in and out. Many Associations in Minnesota and elsewhere are moving toward this type of solution to protect their sound system investment. SOUND AND MEDIA SOLUTIONS 13003 43°J ST NW, SUITE 109 I ROCHESTER, MN 55901 PROJECT DESCRIPTION Major Equipment - Components Quantity • ■ ■ II II ■■■■■■■ Description 2 STRONG 1 U Blank Panels 4 QSC CMX2000VA Power Amplifier 1 Furman P8 PRO C Power Conditioner 1 Biamp Nexia CS Digital Signal Processor 2 Biamp Red 1 Wall Control 1 Araknis PoE+ 8 + 2 Network Switch 1 Audio Technica 3000 Series Wireless Microphone System 1 Audio Technica Pro41 Wired Microphone 2 Audio Technica AT8601 Mic Desk Stands 1 RCI 3.5mm Auxiliary Jack 1 RCI XLR Jack 17 EAW 2041035-90 VFR109i Loudspeakers White 2 EAW 2041033-90 VFS220i Subwoofer White 8 EAW Eye Bolts for SUB 17 EAW 2039218-90 U Bracket White As Needed Chain, couplers, Cat 6 wire, 16/2 wire AC Power and Conduit as needed and provided and installed by others. AC Power at head end rack location needs to have 20Amp outlet and circuit. Lift provided by client, or SMS can arrange lift and pass through cost of lift to client. SOUND AND MEDIA SOLUTIONS 13003 43" ST NW, SUITE )09 I ROCHESTER, MN 55901 PROJECT DESCRIPTION ■ ■ ■ E ■■■■II■■ Exclusions/Assumptions & Constraints All conduit, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc.; Concrete saw cutting and/or core drilling; Fire wall, ceiling, roof and floor penetration; Necessary gypsum board replacement and/or repair; Necessary ceiling tile or T-bar modifications, replacements and/or repair; All millwork (moldings, trim, cut outs, etc.); Patching and Painting; Permits (unless specifically provided for and identified within the contract). OUTSIDE MUSIC SOURCE: Sound and Media Solutions is not responsible for the reliability of any outside music sources not provide by SMS and Mood Media. Any troubleshooting of issues related to other music are subject to additional labor charges. Construction Considerations Integrator & Client Responsibilities Client is responsible for all AC power requirements need for the installation of the sound and video systems. Client and a Sound and Media Solutions representative must discuss AC outlet power location/placement at earliest point following acceptance of agreement to assure ample time is allowed for scheduling. Key Milestones - Client/GC/Integrator Equipment delivery Installation Room Ready Training Substantial Completion Project/Change Management Processes Deviation from the scope of the project as described in this section requires a change order form to be completed with subsequent charges applied to the job to be the responsibility of the client. See Change Order page for more details. SOUND AND MEDIA SOLUTIONS 1 3003 43°J ST NW, SUITE 109 I ROCHESTER, MN 55901 TERMS and CONDITIONS Agreement dated 3/1 2/2020 by and between Sound and Media Solutions Inc. ("SMS" or "COMPANY") and Customer named above. COMPANY agrees to provide CUSTOMER, and CUSTOMER agrees 10 accept from COMPANY, at PREMISES, COMPANY'S service program, and the equipment, maintenance and other services (hereinafter collectively "SERVICES") as specified on pages above. LIMIT OF LIABILITY AND DAMAGES: COMPANY SHALL NOT BE LIABLE FOR DELAY IN INSTALLATION OF THE EQUIPMENT OR SERVICE OR INTERRUPTION OF SERVICE DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF COMPANY. IN NO EVENT WILL COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. Job Site Readiness: If CUSTOMER has confirmed the job site is ready for installation and COMPANY arrives to do work to discover the site is not ready, CUSTOMER will be charged for the trip. If CUSTOMER requests devices to be installed in specific locations and COMPANY discovers a header or bracing is in the way the COMPANY is not responsible for damage and additional fees may be incurred to change location of devices. For All Medical Applications and Services, Including, But Not limited To, Nurse Call Or Patient Wander: CUSTOMER AGREES THAT COMPANY IS NOT RESPONSIBLE FOR PERSONAL INJURY OR OTHER LOSSES THAT ARE ALLEGED TO BE CAUSED BY IMPROPER OPERATION OR NON -OPERATION OF THE EQUIPMENT AND/OR SERVICE. CUSTOMER agrees that this Agreement limits COMPANY's liability to CUSTOMER unless COMPANY's actions are willful and wanton. Notwithstanding any contrary definitions found in any case law, CUSTOMER and COMPANY expressly agree that willful and wanton means conscious and intentional disregard of, or indifference to, the rights and safety of others. It is agreed that it would be impractical and extremely difficult to fix actual damages that may arise in situations where there may be a failure of equipment or services, due to the uncertain value. IN THE UNLIKELY EVENT THIS PROVISION IS FOUND TO BE INVALID FOR ANY REASON, AND ANY LIABILITY IS IMPOSED ON COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, IT WILL BE LIMITED TO SIX (6) TIMES THE SERVICE OR MAINTENANCE CHARGES PROVIDED ABOVE OR TWO HUNDRED FIFTY DOLLARS ($250.00), whichever is greater. INSURANCE: CUSTOMER agrees that COMPANY is not an insurer and that CUSTOMER shall obtain adequate insurance covering the equipment, personal injury and other damage or losses. No Subrogation: CUSTOMER does hereby for him/her/itself and other parties claiming under him/her/it, release and discharge COMPANY from and against all claims arising from hazards covered by CUSTOMER's insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against COMPANY. CUSTOMER agrees that this section is not an exculpatory provision, but a risk shifting provision. It will apply to preclude any subrogation action without regard to COMPANY's conduct. INDEMNITY: CUSTOMER shall indemnify COMPANY and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment and/or service provided hereunder, including without limitation losses caused by accidental fire, theft, improper operation, or misuse of the equipment. USE OF MUSIC SERVICES: CUSTOMER shall not transmit or permit the transmission of the Services by others or distribute the Services so as to be consumed outside the Serviced Premises. CUSTOMER shall not copy, record, dub, or transcribe the Services in any manner, as the Services may be copyrighted works. CUSTOMER shall not use the Services (i) to displace a live orchestra; (ii) as an accompaniment to dancing, skating, aerobics or other forms of physical activity or entertainment, or (iii) in those areas for which an admission fee is charged. CUSTOMER is responsible for Performance Fees, which may be associated with TV usage. CUSTOMER is responsible for Copyright and Programming Fees on music audio, which is broadcast through any TV. COMPANY pays for all other Copyright and Programming Fees covering the SERVICES provided by COMPANY. Any third -party increase in Copyright or Programming Fees during this Agreement will be passed onto the CUSTOMER and considered separate from any other Price Increase. INSTALLATION OF EQUIPMENT: CUSTOMER grants to COMPANY the right to install all necessary equipment for the SERVICES subject to any necessary third -party approvals. CUSTOMER is solely responsible for obtaining any third -party approvals for the installation of such equipment, and for all associated costs. CUSTOMER shall supply at CUSTOMER's expenses adequate electrical power and necessary outlets, conduit or back boxes to affect installation. CUSTOMER bears all risk of loss to all leased and non -leased equipment as of the date that installation is substantially completed on the premises. CUSTOMER will provide a working Internet network connection as needed for connection of our devices and will have the Internet cables available in head end room on day of installation or agree to pay COMPANY additional fee for running any Internet wires. WIRELESS: CUSTOMER understands that the installation of wireless equipment may interfere with any frequency produced by any existing equipment already installed onsite and may result in equipment failure; additionally, CUSTOMER understands that other existing wireless devices may interfere with proper functioning of COMPANY's wireless equipment. If COMPANY is asked to pin point the devices creating the interference that the CUSTOMER agrees to pay for any troubleshooting and investigating. SOUND AND MEDIA SOLUTIONS 13003 43`0 ST NW, SUITE 109 I ROCHESTER, MN 55901 TITLE AND SECURITY: the COMPANY retains title to, and ownership of, LEASED equipment. CUSTOMER shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber any LEASED EQUIPMENT. CUSTOMER shall, upon expiration or earlier termination of this agreement, promptly return to COMPANY all LEASED EQUIPMENT in good condition (or pay full replacement value). Upon removal of the equipment, COMPANY shall not have to repair, replace or otherwise re-establish the Premises to their original condition. SUBSCIBER agrees to execute all necessary documents to perfect COMPANY'S security interest, and to provide proof of insurance if required by the COMPANY. MAINTENANCE, CARE AND WARRANTY OF EQUIPMENT: If Maintenance Services have been purchased COMPANY will provide all parts and labor to maintain equipment exclusively limited to that resulting from ordinary and proper use. It does not include replacement of equipment, which will be supplied to CUSTOMER at COMPANY's prevailing rate. If Maintenance Services have not been purchased, CUSTOMER shall pay COMPANY its usual labor and equipment repair charges after the end of the Warranty Period. COMPANY agrees to warrant the OWNED EQUIPMENT to be free from original defects in material and workmanship for a period of one (1) year after install at the given premises. CUSTOMER grants COMPANY reasonable access to maintain as necessary and to comply with COMPANY'S obligations stemming from this agreement. COMPANY's obligations under this section are in lieu of all other warranties, express or implied relating to the equipment, including implied warranties, of merchantability and fitness for a particular purpose. SMS HOURS OF WORK: It is mutually agreed that SMS's obligations under this Agreement shall be performed between the hours of 8:00 A.M. and 4:30 P.M. exclusive of Saturdays, Sundays and holidays. If CUSTOMER requests service or inspection at any other time scheduling such appointment will be at the discretion of SMS, CUSTOMER agrees to pay the then current overtime rates charged by SMS. SMS does not offer emergency after hour's service. MEDIA: If SERVICES are provided by on -premises media such as compact disks, DVD's, hard drives, flash drives, etc., the media will be mailed, downloaded, or delivered to CUSTOMER and COMPANY shall promptly replace or remedy without charge any media that is defective upon receipt. CUSTOMER shall return all media at the time and in the manner designated by COMPANY and shall pay COMPANY the replacement value of each media that is not returned or in damaged condition. Under no circumstances shall title to the media pass to CUSTOMER, and CUSTOMER shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber the media. OTHER CHARGES, FEES, AND TERMS: CUSTOMER agrees to pay COMPANY all Federal, State, and Local taxes, excises, permits, and fees as all dollars in this document are pre-tax. All charges after the down payment are Net 30 days of invoice. A late payment charge may be made on the past due balance. All shipments of Digital Media (including, but not limited to, compact disks and DVD's) are FOB COMPANY's distribution facilities. CUSTOMER shall pay any necessary charges for telephone -line, ISP, satellite, or data associated with the provision of the SERVICES. CUSTOMER shall pay a fee for each reconnection of the SERVICES following a cancellation due to non-payment or for any other reason. CUSTOMER DEFAULT: In the event of CUSTOMER'S default or violation of this Agreement, the balance of monies due for the unexpired term of this Agreement shall become immediately due and payable at the option of the COMPANY. COMPANY shall have the right, without notice, to enter the Serviced Premises of CUSTOMER and remove the equipment and any media and discontinue the Services. If COMPANY is required to bring legal action to enforce this Agreement, all legal fees and costs incurred in connection with such action shall be borne by the CUSTOMER. Further, any sale, transfer, closure or change in location of CUSTOMER's business by the CUSTOMER herein designated shall not reduce, eliminate or otherwise affect its obligation under this Agreement. ASSIGNMENT: CUSTOMER may not assign this Agreement without the prior written consent of COMPANY. COMPANY may assign this Agreement or subcontract any of its obligations under this agreement without notice to CUSTOMER. GENERAL: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements. No modification of this Agreement shall be valid unless made in writing and properly signed by each party. The provisions of this Agreement are severable, if any clause or provision shall be held invalid or unenforceable, in whole or in part, then such invalidity shall attach only to such clause or provision, or part thereof, and shall not affect any other clause or provision. The COMPANY shall have the right to modify or terminate this Agreement in the event that any license agreement applicable to the COMPANY's provision of the Services (including those with any Copyright Agency or Franchisor) is modified or terminated. SOUND AND MEDIA SOLUTIONS 13003 43-' ST NW, SUITE 109 I ROCHESTER, MN 55901 CHANGE ORDER ■.. i • ■■■■■■■ The following are the types of changes frequently encountered on jobs. Expect that many jobs incur changes as jobs develop, so plan in your budget for such changes. Internal Change Order: Client internally makes changes from the original scope and plan. Field Directed Change Order: Client dictates at site to field technician something that strays from the original scope and/or plan. External Change Order: other external conditions(i.e. other subcontractor changes something causing deviation from the scope and/or plan) cause a change. Company: Project Name: Location: Add/Change: St. Croix Valley South Rink Sound System 1675 Market Drive Stillwater, MN 55082 Total Price: Price does not include any applicable lams. Contact: Signature: Date: SOUND AND MEDIA SOLUTIONS 13003 4390 ST NW, SUITE 109 I ROCHESTER, MN 55901 S i■ ■i ■u•uuui PROJECT INVESTMENT Customer agrees to pay Sound and Media Solutions the sum of $45,818.35 PAYMENT TERMS • Down payment of 20% is required on installation jobs over $5,000 • For installations taking more than thirty (30) days, SMS reserves the right to require reasonable progress payments. • The price includes the system outlined above, any alterations or deviation from the system detailed in this Agreement involving extra materials or labor will be an additional cost to the CUSTOMER. • The price does not include any applicable state and local sales tax. • * Invoices will be sent to billing email address listed. PROPOSAL SIGN -OFF AGREEMENT IS VALID EVEN IF UNSIGNED BY SOUND AND MEDIA SOLUTIONS Customer acknowledges that he/she/it has read and understands the entire agreement, including all the terms and conditions and any attachments hereto and certifies that he/she/it is authorized to sign this agreement. Sound and Media Solutions CUSTOMER Eric Klingsporn St. Croix Valley SMS Representative CUSTOMER (Company Name) Authorized Officer Signature Date Authorized Officer Signature Title Email Date SOUND AND MEDIA SOLUTIONS 13003 43" ST NW, SUITE 109 I ROCHESTER, MN 55901 1 SOUND�htD MEDIA SOLUTIONS SALES PROPOSAL Presented fo North Rink Sound System Presented by: Eric Klingsporn eric@soundandmediasolutions.com 507.31 6.6706 SOUND AND MEDIA SOLUTIONS 13003 43' ST NW, SUITE 109 I ROCHESTER, MN 55901 3/12/2020 North Rink Sound System St. Croix Valley Doug Brady III ■ ■ O ■ ■®■■■III Dear Doug Brady Sound and Media Solutions is a full -service Commercial Audio Video Integrator that designs and installs professional AV Systems. Through our cutting -edge technology, we offer a broad range of AV Solutions making us your one -stop -shop for Professional AV. We have proven reliability in our people and our products ranging from audio systems, video conferencing, multimedia presentation systems, background music and more. We are a certified Women Owned Business providing local support and long-term partnerships. If you have any questions about any of these costs or would like to discuss anything contained in this proposal, please feel free to reach out to me anytime. CUSTOMER INFORMATION Customer Name: St. Croix Valley Site Address: 1675 Market Drive Stillwater, MN 55082 Email: Billing Address: *Billing Email: Contact Name: Phone: recctr@ci.stillwater.mn.us 1675 Market Drive Stillwater, MN 55082 recctr@ci.stillwater.mn.us Doug Brady 651-430-2601 SOUND AND MEDIA SOLUTIONS 13003 43" ST NW, SUITE 109 1 ROCHESTER, MN 55901 PROJECT DESCRIPTION Summary - Objectives & Outcome ■ ■ ■ ■ ■■■■■■III Remove and replace St. Croix Valley Recreation Center North Rink Sound System Goals for new system: 1. Highest Quality Dynamic Sound a. Highs, mids, lows b. Balanced audio c. Clear PA announcement 2. Ease of Use 3. Protect Equipment/Investment from public 4. Audio input at scorers table for use during games/on-ice events 5. Bluetooth audio input at scorers table for wireless connection 6. Wired Microphone input at scorers table for use during games/on-ice events 7. Wireless microphone system incorporated into the sound system System Description - Functionality Requirements Sound and Media Solutions(SMS) will provide and install a high quality sound system at the St. Croix Valley Recreation Center North Rink in Stillwater, MN. In the main arena office, Existing floor standing rack will be re -used to house the head end equipment. A Furman power conditioner surge protector will be installed to protect the equipment/investment. All AC powered rack equipment will plug into the power conditioner. 20 Amp AC power will be provided by the customer. Three (3) QSC 2000 Watt dual channel power amplifiers will power seventeen (13) ultra high quality EAW 109i loudspeakers and one (1) dual 12" driver EAW subwoofer mounted in the steel truss system of the arena. A Biamp Nexia Digital Signal Processor will process, balance, and equalize the audio signals input into the system. Two (2) Biamp Red - 1 wall mount audio controls will be installed in two locations. One in the head end location and one at the scorers table location. A 3.5mm auxiliary audio jack will be wired and installed in the scorers box in a location for easy input of an audio source of the client's choosing (pc, laptop, ipad, smart phone, etc.). A Denon Bluetooth Receiver will be added as an input on the system and mounted below the scorers table for close proximity to the individuals connecting wirelessly to the sound system. A push button will be added to the scorers table for easy paring of devices to the bluetooth receiver. Instructions will be printed and mounted. An XLR input plate will be installed at the scorers table location for input of a new Audio Technica wired hand held microphone with stand. Handheld mic will have on/off switch. An Audio Technica 3000 Series wireless mic system with handheld microphone will also be input into the sound system. SOUND AND MEDIA SOLUTIONS 13003 43' ST NW, SUITE 109 I ROCHESTER, MN 55901 PROJECT DESCRIPTION System Description - CONTINUED ■ ■ ■ ■ ■ SMS recommendation: Client install a permanent enclosure similar the one pictured on this page along with an audio source(windows tablet, ipad, kindle fire, etc.) with a pre -loaded game music and sound effects app. New music can be downloaded to the device if it is linked to an association managed account like Amazon, iTunes, etc... • Rationale for a permanent source is to protect the sound system from various unknown devices being plugged into the system "hot" and then over -driving the speakers. Also, a permanent audio source prevents the auxiliary wire from being plugged in and out, which saves the system from experiencing crackle and pop associated with improper plugging in and out. Many Associations in Minnesota and elsewhere are moving toward this type of solution to protect their sound system investment. SOUND AND MEDIA SOLUTIONS 13003 43RD ST NW, SUITE 109 I ROCHESTER, MN 55901 PROJECT DESCRIPTION Major Equipment - Components I . ■ ■ U ■■■■■i!1 Quantity 1 Description 2 STRONG 1 U Blank Panels 3 QSC CMX2000VA Power Amplifier 1 Furman P8 PRO C Power Conditioner 1 Biamp Nexia CS Digital Signal Processor 2 Biamp Red 1 Wall Controls 1 Audio Technica 3000 Series Wireless Microphone System 1 Audio Technica Pro41 Wired Microphone 2 Audio Technica AT8601 Mic Desk Stands 1 RCI 3.5mm Auxiliary Jack 1 RCI XLR Jack 13 EAW 2041035-90 VFR109i Loudspeakers White 1 EAW 2041033-90 VFS220i Subwoofer White 8 EAW Eye Bolts for SUB 13 EAW 2039218-90 U Bracket White As Needed Chain, couplers, Cat 6 wire, 16/2 wire AC Power and Conduit as needed and provided and installed by others. AC Power at head end rack location needs to have 20Amp outlet and circuit. Lift provided by client, or SMS can arrange lift and pass through cost of lift to client. SOUND AND MEDIA SOLUTIONS 13003 43' ST NW, SUITE 109 I ROCHESTER, MN 55901 PROJECT DESCRIPTION fi IM ■ ■ ■I■III■■■■ Exclusions/Assumptions 8 Constraints All conduit, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc.; Concrete saw cutting and/or core drilling; Fire wall, ceiling, roof and floor penetration; Necessary gypsum board replacement and/or repair; Necessary ceiling tile or T-bar modifications, replacements and/or repair; All millwork (moldings, trim, cut outs, etc.); Patching and Painting; Permits (unless specifically provided for and identified within the contract). OUTSIDE MUSIC SOURCE: Sound and Media Solutions is not responsible for the reliability of any outside music sources not provide by SMS and Mood Media. Any troubleshooting of issues related to other music are subject to additional labor charges. Construction Considerations Integrator 8. Client Responsibilities Client is responsible for all AC power requirements need for the installation of the sound and video systems. Client and a Sound and Media Solutions representative must discuss AC outlet power location/placement at earliest point following acceptance of agreement to assure ample time is allowed for scheduling. Key Milestones - Client/GC/Integrator Equipment delivery Installation Room Ready Training Substantial Completion Project/Change Management Processes Deviation from the scope of the project as described in this section requires a change order form to be completed with subsequent charges applied to the job to be the responsibility of the client. See Change Order page for more details. SOUND AND MEDIA SOLUTIONS 13003 43' ST NW, SUITE 109 I ROCHESTER, MN 55901 TERMS and CONDITIONS Agreement dated 3/ 1 2/2020 by and between Sound and Media Solutions Inc. ("SMS" or "COMPANY") and Customer named above. COMPANY agrees to provide CUSTOMER, and CUSTOMER agrees to accept from COMPANY, at PREMISES, COMPANY'S service program, and the equipment, maintenance and other services (hereinafter collectively "SERVICES") as specified on pages above. LIMIT OF LIABILITY AND DAMAGES: COMPANY SHALL NOT BE LIABLE FOR DELAY IN INSTALLATION OF THE EQUIPMENT OR SERVICE OR INTERRUPTION OF SERVICE DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF COMPANY. IN NO EVENT WILL COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. Job Site Readiness: If CUSTOMER has confirmed the job site is ready for installation and COMPANY arrives to do work to discover the site is not ready, CUSTOMER will be charged for the trip. If CUSTOMER requests devices to be installed in specific locations and COMPANY discovers a header or bracing is in the way the COMPANY is not responsible for damage and additional fees may be incurred to change location of devices. For All Medical Applications and Services, Including, But Not Limited To, Nurse Call Or Patient Wander: CUSTOMER AGREES THAT COMPANY IS NOT RESPONSIBLE FOR PERSONAL INJURY OR OTHER LOSSES THAT ARE ALLEGED TO BE CAUSED BY IMPROPER OPERATION OR NON -OPERATION OF THE EQUIPMENT AND/OR SERVICE. CUSTOMER agrees that this Agreement limits COMPANY'S liability to CUSTOMER unless COMPANY'S actions are willful and wanton. Notwithstanding any contrary definitions found in any case law, CUSTOMER and COMPANY expressly agree that willful and wanton means conscious and intentional disregard of, or indifference to, the rights and safety of others. It is agreed that it would be impractical and extremely difficult to fix actual damages that may arise in situations where there may be a failure of equipment or services, due to the uncertain value. IN THE UNLIKELY EVENT THIS PROVISION IS FOUND TO BE INVALID FOR ANY REASON, AND ANY LIABILITY IS IMPOSED ON COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, IT WILL BE LIMITED TO SIX (6) TIMES THE SERVICE OR MAINTENANCE CHARGES PROVIDED ABOVE OR TWO HUNDRED FIFTY DOLLARS ($250.00), whichever is greater. INSURANCE: CUSTOMER agrees that COMPANY is not an insurer and that CUSTOMER shall obtain adequate insurance covering the equipment, personal injury and other damage or losses. No Subrogation: CUSTOMER does hereby for him/her/itself and other parties claiming under him/her/it, release and discharge COMPANY from and against all claims arising from hazards covered by CUSTOMER's insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against COMPANY. CUSTOMER agrees that this section is not an exculpatory provision, but a risk shifting provision. It will apply to preclude any subrogation action without regard to COMPANY's conduct. INDEMNITY: CUSTOMER shall indemnify COMPANY and hold it harmless from and against any and all losses, claims, and expenses relating to the equipment and/or service provided hereunder, including without limitation losses caused by accidental fire, theft, improper operation, or misuse of the equipment. USE OF MUSIC SERVICES: CUSTOMER shall not transmit or permit the transmission of the Services by others or distribute the Services so as to be consumed outside the Serviced Premises. CUSTOMER shall not copy, record, dub, or transcribe the Services in any manner, as the Services may be copyrighted works. CUSTOMER shall not use the Services (i) to displace a live orchestra; (ii) as an accompaniment to dancing, skating, aerobics or other forms of physical activity or entertainment, or (iii) in those areas for which an admission fee is charged. CUSTOMER is responsible for Performance Fees, which may be associated with TV usage. CUSTOMER is responsible for Copyright and Programming Fees on music audio, which is broadcast through any TV. COMPANY pays for all other Copyright and Programming Fees covering the SERVICES provided by COMPANY. Any third -party increase in Copyright or Programming Fees during this Agreement will be passed onto the CUSTOMER and considered separate from any other Price Increase. INSTALLATION OF EQUIPMENT: CUSTOMER grants to COMPANY the right to install all necessary equipment for the SERVICES subject to any necessary third -party approvals. CUSTOMER is solely responsible for obtaining any third -party approvals for the installation of such equipment, and for all associated costs. CUSTOMER shall supply a1 CUSTOMER's expenses adequate electrical power and necessary outlets, conduit or back boxes to affect installation. CUSTOMER bears all risk of loss to all leased and non -leased equipment as of the date that installation is substantially completed on the premises. CUSTOMER will provide a working Internet network connection as needed for connection of our devices and will have the internet cables available in head end room on day of installation or agree to pay COMPANY additional fee for running any Internet wires. WIRELESS: CUSTOMER understands that the installation of wireless equipment may interfere with any frequency produced by any existing equipment already installed onsite and may result in equipment failure; additionally, CUSTOMER understands that other existing wireless devices may interfere with proper functioning of COMPANY's wireless equipment. If COMPANY is asked to pin point the devices creating the interference that the CUSTOMER agrees to pay for any troubleshooting and investigating. SOUND AND MEDIA SOLUTIONS 13003 43'' ST NW, SUITE 109 I ROCHESTER, MN 55901 TITLE AND SECURITY: the COMPANY retains title to, and ownership of, LEASED equipment. CUSTOMER shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber any LEASED EQUIPMENT. CUSTOMER shall, upon expiration or earlier termination of this agreement, promptly return to COMPANY all LEASED EQUIPMENT in good condition (or pay full replacement value). Upon removal of the equipment, COMPANY shall not have to repair, replace or otherwise re-establish the Premises to their original condition. SUBSCIBER agrees to execute all necessary documents to perfect COMPANY's security interest, and to provide proof of insurance if required by the COMPANY. MAINTENANCE, CARE AND WARRANTY OF EQUIPMENT: If Maintenance Services have been purchased COMPANY will provide all parts and labor to maintain equipment exclusively limited to that resulting from ordinary and proper use. It does not include replacement of equipment, which will be supplied to CUSTOMER at COMPANY's prevailing rate. If Maintenance Services have not been purchased, CUSTOMER shall pay COMPANY its usual labor and equipment repair charges after the end of the Warranty Period. COMPANY agrees to warrant the OWNED EQUIPMENT to be free from original defects in material and workmanship for a period of one (1) year after install at the given premises. CUSTOMER grants COMPANY reasonable access to maintain as necessary and to comply with COMPANY'S obligations stemming from this agreement. COMPANY's obligations under this section are in lieu of all other warranties, express or implied relating to the equipment, including implied warranties, of merchantability and fitness for a particular purpose. SMS HOURS OF WORK: It is mutually agreed that SMS's obligations under this Agreement shall be performed between the hours of 8:00 A.M. and 4:30 P.M. exclusive of Saturdays, Sundays and holidays. If CUSTOMER requests service or inspection at any other time scheduling such appointment will be at the discretion of SMS, CUSTOMER agrees to pay the then current overtime rates charged by SMS. SMS does not offer emergency after hour's service. MEDIA: If SERVICES are provided by on -premises media such as compact disks, DVD's, hard drives, flash drives, etc., the media will be mailed, downloaded, or delivered to CUSTOMER and COMPANY shall promptly replace or remedy without charge any media that is defective upon receipt. CUSTOMER shall return all media at the time and in the manner designated by COMPANY and shall pay COMPANY the replacement value of each media that is not returned or in damaged condition. Under no circumstances shall title to the media pass to CUSTOMER, and CUSTOMER shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose of or encumber the media. OTHER CHARGES, FEES, AND TERMS: CUSTOMER agrees to pay COMPANY all Federal, State, and Local taxes, excises, permits, and fees as all dollars in this document are pre-tax. All charges after the down payment are Net 30 days of invoice. A late payment charge may be made on the past due balance. All shipments of Digital Media (including, but not Limited to, compact disks and DVD's) are FOB COMPANY's distribution facilities. CUSTOMER shall pay any necessary charges for telephone -line, ISP, satellite, or data associated with the provision of the SERVICES. CUSTOMER shall pay a fee for each reconnection of the SERVICES following a cancellation due to non-payment or for any other reason. CUSTOMER DEFAULT: In the event of CUSTOMER'S default or violation of this Agreement, the balance of monies due for the unexpired term of this Agreement shall become immediately due and payable at the option of the COMPANY. COMPANY shall have the right, without notice, to enter the Serviced Premises of CUSTOMER and remove the equipment and any media and discontinue the Services. If COMPANY is required to bring legal action to enforce this Agreement, all legal fees and costs incurred in connection with such action shall be borne by the CUSTOMER. Further, any sale, transfer, closure or change in location of CUSTOMER's business by the CUSTOMER herein designated shall not reduce, eliminate or otherwise affect its obligation under this Agreement. ASSIGNMENT: CUSTOMER may not assign this Agreement without the prior written consent of COMPANY. COMPANY may assign this Agreement or subcontract any of its obligations under this agreement without notice to CUSTOMER. GENERAL: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements. No modification of this Agreement shall be valid unless made in writing and properly signed by each party. The provisions of this Agreement are severable, if any clause or provision shall be held invalid or unenforceable, in whole or in part, then such invalidity shall attach only to such clause or provision, or part thereof, and shall not affect any other clause or provision. The COMPANY shall have the right to modify or terminate this Agreement in the event that any license agreement applicable to the COMPANY's provision of the Services (including those with any Copyright Agency or Franchisor) is modified or terminated. SOUND AND MEDIA SOLUTIONS 13003 43" ST NW, SUITE 109 I ROCHESTER, MN 55901 CHANGE ORDER ■■■ ■■ ■■■■■■■ The following are the types of changes frequently encountered on jobs. Expect that many jobs incur changes as jobs develop, so plan in your budget for such changes. Internal Change Order: Client internally makes changes from the original scope and plan. Field Directed Change Order: Client dictates at site to field technician something that strays from the original scope and/or plan. External Change Order: Other external conditions(i.e. other subcontractor changes something causing deviation from the scope and/or plan) cause a change. Company: Project Name: Location: Add/Change: St. Croix Valley North Rink Sound System 11675 Market Drive Stillwater, MN 55082 Total Price: Price does not include any applicable loxes. Contact: Signature: Date: SOUND AND MEDIA SOLUTIONS 13003 43;' ST NW, SUITE 109 I ROCHESTER, MN 55901 .. ■ M ■ Ill ■■■Ell PROJECT INVESTMENT Customer agrees to pay Sound and Media Solutions the sum of Ls36,603.80 PAYMENT TERMS • Down payment of 20% is required on installation jobs over $5,000 • For installations taking more than thirty (30) days, SMS reserves the right to require reasonable progress payments. • The price includes the system outlined above, any alterations or deviation from the system detailed in this Agreement involving extra materials or labor will be an additional cost to the CUSTOMER. • The price does not include any applicable state and local sales tax. • * Invoices will be sent to billing email address listed. PROPOSAL SIGN -OFF AGREEMENT IS VALID EVEN IF UNSIGNED BY SOUND AND MEDIA SOLUTIONS Customer acknowledges that he/she/it has read and understands the entire agreement, including all the terms and conditions and any attachments hereto and certifies that he/she/it is authorized to sign this agreement. Sound and Media Solutions CUSTOMER Eric Klingsporn _S.LCroix Valley SMS Representative CUSTOMER (Company Name) Authorized Officer Signature Date Authorized Officer Signature Title Email Date SOUND AND MEDIA SOLUTIONS 13003 43'' ST NW, SUITE 109 I ROCHESTER, MN 55901 Allied Productions & Sales QUOTE 2425 Enterprise Drive Suite 900 Mendota Heights, MN 55120 Phone: 651-451-6846 Email: dan®allied.productions Customer St Croix Valley Recreation Center 1675 Market Dr. Stillwater, MN 55082 Doug Brady 651.430.2601 recctr@ci.stillwater.mn.us DATE: 3/27/20 QUOTE # 32720-01 Customer ID SCVRC Valid 30 Days REP: DLP Customer PO - DESCRIPTION QTY TAXED AMOUNT SUBTOTAL 1 1 1 1 RCF P 3115T WEATHERPROOF COAXIAL TWO WAY SPEAKER RCF P 80155 OUTDOOR/INDOOR SUBWOOFER RCF MZ 8060 AUDIO MATRIX PROCESSOR RCF IPS 3700 2 X 1500 W CLASS H PROFESSIONAL POWER AMPLIFIER RCF IPS 2700 2 X 1100 W CLASS H PROFESSIONAL POWER AMPLIFIER EV EVID-S 8.2 Speaker Cabinet QSC ISA1350 Commercial Power Amplifier XILICA Solaro QR1 Quarter Rack Modular DSP Framo XILICA PC-2ML-I Two -Channel Analog Audio Input Card XILICA PC-2L-0 Two Channel Analog Audio Output Card XILICA XTouch50 5" Touchscreen Control Panel North Arena Audio Subtotal RCF P 3115T WEATHERPROOF COAXIAL TWO WAY SPEAKER RCF IPS 2700 2 X 1100 W CLASS H PROFESSIONAL POWER AMPLIFIER EV EVID-S 8.2 Speaker Cabinet QSC ISA1350 2 X 1500 W Commercial Power Amplifier XILICA XTouch50 5" Touchscreen Control Panel South Arena Audio Subtotal MIDDLE ATLANTIC DWR-24-22 24-Space Sectional Wall Rack at 22" Depth MIDDLE ATLANTIC DWR-16-22 16-Space Sectional Wall Rack at 22" Depth FURMAN ASD-120 2.0 AC Sequenced Power Distributor FURMAN PL-PRO DMC 20A Power Conditioner with Voltage Protection 12ga. / 2 Conductor Installation Grade Cable (per ft.) Cat5e Ethernet Cable • Solid Copper, White (per 1,000 ft.) Control and Interconnect Subtotal HIGH END SYSTEMS Hog 4 Single Universe USB to DMX Interface for Hog 4 PC MICROSOFT Surface Pro 7 - 12.3" Touch -Screen - 10th Gen Intel Core i5 • 8GB Memory - 128GB SSD Unistrut 1 5/8" x 1 5/8" Galvanized Steel (10 ft.) Unistrut Hangers Et Mounting Hardware 5 Pin XLR Data Connector (f) 5 Pin XLR Data Connector (m) 5 Conductor Data Cable (per ft.) Lighitng System Subtotal 14 6 1 3 7 8 1 1 2 3 1 6 3 8 1 1 1 1 1 1 6400 2 1 1 56 56 20 20 600 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y $13,750.21 $4,581.95 $1,309.91 $2,290.97 $3,433.73 $1,767.78 $1,387.48 $644.00 $126,50 $120.75 $776.25 $5,892.95 $1,471.60 $1,767.78 $1,387.48 $776.25 $749.18 $567.08 $691.76 $368.08 $4,608.00 S183.60 $629.70 $1,000.00 $1,481.20 $515.20 $115.00 $115.00 $207.00 $30,189.51 $11,296.05 $7,167.71 $4,063.10 Scissor lift (25' - 28') - weekly Scissor lift - Delivery a pickup Patch cable, panels a connectors (EST.) Project lead, LVCC technician (per hr.) Audio project lead (per hr.) Lighting project lead (per hr.) Install technician - general (per hr.) MISC. Subtotal Install Labor Subtotal 2 1 1 55 55 55 165 Y Y Y Y Y Y SPECIAL NOTES: Shipping is ESTIMATE only, actuat cost will be billed upon delivery Existing audio system to be removed by SCRC staff prior to start of new equipment installation Installation of necessary electrical services is not included in this proposal, specifications available on request Subtotal Tax (7.125%) Shipping (EST.) TOTAL Due If you have any questions about this price quote, please contact Dan Pearson, 651-451-6846 x103 or E-mail dan@allied.productions www. al lied. productions Thank You For Your Business! $1,140.00 $330.00 $2,658.00 $5,500.00 $6,050.00 $6,050.00 $7,425.00 $81,869.37 55,833.19 $2,200.00 $89,902.57 $4,128.00 825.025.00 Alchemy Sound & Vision 2112 Broadway St. NE #115 Minneapolis, MN 55413 Bill To St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 r---11)-ate 1/16/20 Estimate Estimate No. Ship To St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 Terms 6210 Due Date 1/16/20 Item Description Qty Rate Rep PL Total CONTROL 29A... MTC-29UB CONTROL 67 PT ASB6128 16-2 12-2 CAT6E 22-2S MISC CDI211200 C D I2/300 MA5000i BLU-100 AU-MMS-1 E South Rink Replace Audio Stands JBL Premium Indoor / Outdoor Monitor Speaker JBL U-Bracket for Control 29AV, BLACK Over Ice JBL 6.5" Extended -Bass Pendant Speakers Subwoofers JBL PRO HIGH POWER DUAL 18" I SUBWOOFER WEST PENN 225-BK 16 AWG 2 Conductor Speaker Wire, BLACK WEST PENN 227-BK 12 AWG 2 CONDUCTOR SPEAKER CABLE,BLACK Cat 6 Wire - 1000' feet ;WEST PENN 291-BLK 22 AWG Signal Wire, Black Misc Parts, Wire, Fasteners, Ends, Connections, ETC. Electronics CDI Drive Core series amplifier with dual 1200watt outputs Crown CDi DriveCore 21300 Analog input, 2 channel, 300W per output channel, Amplifier CROWN Amplifier with Dual Inputs and Dual 2500W Outputs BSS AUDIO 12X8 AUDIO PROCESSOR Autonomic® Mirage eSeries Music Streamer Page 1 28 28 12 2 1,500 500 500 600 1 1 2' Subtotal Sales Tax (0.0%) Total 398.00 11,144.00T 73.00 2,044.00T 292.00 I 3,504.00T 2,690.00 5,380.00T 0.25 375.00T 0.58 290.00T 0.30 150.00T 0.30 180.00T 250.00 250.00T 1,683.00 3,366.00T 942.00 942.00T 3,358.00 3,358.00T 1,874.00 1,874.00T 518.00 1,036.00T Alchemy Sound & Vision 2112 Broadway St. NE #115 Minneapolis, MN 55413 Bill To St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 Estimate Date Estimate No. 1/16/20 6210 Ship To St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 Terms Due Date Rep 1 /16/20 PL Item Description Qty Rate Total WALL PLATES RMC3 AN-300-RT-4L2. AN-1 00-SW-R-16 AN-300-AP-I-N iPAD LABOR PROGRAMMING CONTROL 29A... MTC-29UB CONTROL 29A... MTC-29UB 16-2 MISC CDI2/1200 LABOR Wall Plates 3-Series® Room Media Controller Araknis Networks 300-series Dual -WAN Gigabit VPN Router Araknis Networks 100-series 16-port Unmanaged Gigabit Switch with Rear Ports Araknis Networks 300 series Indoor Wireless Access Point Customer supplied iPad Install Labor Remote and System Automation Programming Subtotal North Rink replace audio Stands JBL Premium Indoor / Outdoor Monitor Speaker JBL U-Bracket for Control 29AV, BLACK over ice JBL Premium Indoor / Outdoor Monitor Speaker JBL U-Bracket for Control 29AV, BLACK WEST PENN 225-BK 16 AWG 2 Conductor Speaker Wire, BLACK Misc Parts, Wire, Fasteners, Ends, Connections, ETC. CDI Drive Core series amplifier with dual 1200watt outputs Install Labor Page 2 3 18.00 54.00T 1 835.00 835.00T 1 286.00 286.00T 1 191.00 191.00T 3 221.00 663.00T 3 0.00 112 80.00 ' 12 95.00 14 14 6 6 2,500 1 46 398.00 73.001 398.00 73.00 0.25 250.00 1,683.00 80.00 0.00T 8,960.00 1,140.00T 46,022.00 5,572.00T 1,022.00T 2, 388.00T 438.00T 625.00T 250.00T 1,683.00T 3,680.00 Subtotal Sales Tax (0.0%) Total Alchemy Sound & Vision 2112 Broadway St. NE #115 Minneapolis, MN 55413 Bill To St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 Estimate Date Estimate No. 1/16/20 6210 Ship To St Croix Valley Rec Center 1675 Market Dr Stillwater MN 55082 Terms Due Date Rep 1/16/20 PL Item Description Qty Rate Total Subtotal 15,658.00 Subtotal $61,680.00 (0.0%) so.00 Sales Tax Total $61,680.00 Page 3 ®NEILL ELECTRIC INC Ph: 651-342-0906 1 ashiey@onelllelectricmn.com Customer: Doug Brady Address: 1675 Market Dr Stillwater, mn 55082 Contact: Doug Brady Phone: 651-592-0031 Email: recctr@ci.stillwater.mn.us Power for new lighting Job Name: Jobslte Address: ESTIMATE 03/03/2020 SID #: 2003015 Prepared By: Dan O'Neill St. Croix Valley Recreation Center 1675 Market Dr Stillwater, mn 55082 • Provide and install up to 20 new NEMA L6-20R receptacles suspended by uni strut mounted at the top of the bar joists above the Hockey Rink. • Install up to 20 costumer supplied light fixtures, suspended by uni strut mounted to the top of the bar joists. • Provide and install ten 208 volt 20 amp circuits to feed the new lights, surface mounted conduit. • Pull in wires for tow spare circuits. • Core drill the wall to get in to the electric room. • Provide and install 10 new 2 pull 20 amp circuit breakers in the existing panel board • Amprobe and combine existing circuits as necessary to make room for the new circuits. Lift • Provide 1- 3232 scissors lift for the duration of the work. $10,308.00 $1,179.36 TOTAL $11,487.36 TERMS & CONDITIONS Please carefully review the attached quote. Any work items not specifically outlined in the above quoted work will be treated as an addition or change and will be billed as such. This quote is valid for (90) days From above date. Once accepted, payment is due within 30 days of completion of work. Check, Credit Card (2.75% fee) and Cash accepted. All work as part of this contract must be completed before April 30th, 2019. Any man hours worked after this date will be subject to an increase in price in direct proportion to the labor cost increase of the St. Paul NECA and Local 110 negotiated labor contract. Acceptance of Proposal: The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as listed above. Any work items not specifically outlined in the above quoted work will be treated as an addition or change and will be billed as such. powered by ®NEILL ELECTRIC INC Thank you for the opportunity to provide you with a quote for the above scope of work. Dan O'Neill, O'Neill Electric Inc. Please remit to: O'Neill Electric Inc. 6143 N. Osgood Avenue Stillwater, MN 55082 Phone: 651-342-0906 Email: ashley@oneillelectricmn.com ESTIMATE Please sign (Shows Approval) Date Please print Above Name 03/03/2020 SID #: 2003015 powered by WASHINGTON COUNTY Community Development Agency - FYI Washington County Community Development Agency Programs Homeownership Education and Counseling: THE CDA has experienced advisors on all aspects of homeownership. The HUD approved counseling services help new home buyers as well as existing homeowners facing foreclosure or those looking at reverse mortgages. They also pro- vide regular home buyer workshops. Total foreclosures 2009-2019 2013 2014 2015 2016 2017 2018 2019 % Changes 2013-2019 Stillwater 59 40 31 18 20 10 14 -76% Affordable Home Mortgages: Down Payment Assistance: The CDA's new Down Payment Assistance program can help qualified first-time home buyers qualify for a loan up to $10,000. Start up loan Program: The CDA's participation in the program administered by Minnesota Housing pro- vides low interest loans to first time home buyers with eligible incomes. 2018 2019 # of Loans Loan Amount # of Loans Loan Amount Stillwater 7 $1,346817 22 $4,818,719 The Home Improvement Loan Programs (HLP): This program offers interest free and deferred loans up to $18,000 for health, safety and energy efficient improvements to qualified applicants. Emergency Accessibility Loan & Rehabilitation Loan Programs: These programs help owners make emer- gency repairs or essential accessibility improvements for very low income households. Subsurface Septic Treatment System Financial Assistant program: This program helps property owners with noncompliant septic systems finance new replacement systems Low interest loans up to $100,000 are available with terms of five to ten years. Additionally, low-income households may be eligible for cost - share grants covering one-third of project costs. Total Loans and Grants by City 2017-2019 2017 2018 2019 Total Stillwater 1 0 0 1 Washington County BOARD AGENDA April 7, 2020 - 9:00 AM Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 Because of the COVID-19 Pandemic and Emergency Declaration declared by the Governor of the State of Minnesota and Declaration of Local Emergency issued by the Washington County Board of Commissioners on March 17, 2020, the County Board will not be conducting the meeting at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater MN. Instead, some County Board members will participate by telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. Members of the public can view/monitor the meeting electronically from a remote location via live web stream. Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us or by telephone at 651-430-6001. Any comments or concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the March 17, 2020, County Board meeting minutes. B. Approval to apply for a grant through the Minnesota Department of Human Services that would increase the efficiency and coordination of transportation services for adults, ages 65 and older C. Approval of an application for renewal of an On -Sale and Sunday Liquor License for Outing Lodge LLC, in May Township located at 11661 Myeron Rd N., Stillwater MN. D. Accept funding from Minnesota Department of Health Local Public Health Grant for COVID- 19 response. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County Consent Calendar continued E. Recommend rejecting all bids received for the County State Aid Highway (CSAH) 5 (CSAH 64 to Sycamore St W.) Phase 2 Improvement Project (RB- 2613). F. Adopt a resolution to acquire vacant land at 120th Street North, Stillwater Township, Minnesota (PID 05.030.20.11.0002) for inclusion into Pine Point Regional Park. G. Adopt a resolution to establish County State Aid Highway (CSAH) 12 designation on Old Trunk Highway (TH) 244 (Wildwood Road) from TH 120 (Century Ave) to CSAH 12 (CSAH 12/Stillwater Blvd.) in the Cities of White Bear Lake and Mahtomedi. H. Adopt a resolution designating April 20-24, 2020 as Work Zone Awareness Week in Washington County. I. Adopt a resolution recognizing the 9-1-1 Public Safety Dispatchers in Washington County in honor of National Public Safety Telecommunicators Week, April 12-18, 2020. 4. 9:10 Public Works - Wayne Sandberg, Deputy Director/County Engineer A. Approval of Contract No. 13335 with Bolton & Menk Inc. in the amount of $1,702,350 for construction contract administration, and staking of the County State Aid Highway (CSAH) 19 and Local Roads Project in Woodbury. 5. 9:15 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution recognizing April 2020 as National County Government Month. B. Consideration of potential board actions in response to the COVID-19 Pandemic. 6. 10:00 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:15 Adjourn 9. 10:30 Board Workshop A. Review guidance and policy related to property tax deadline and payments. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County BOARD AGENDA March 24, 2020 - 9:00 AM 1. 9:00 Washington County Regional Rail Authority Board of Commissioners Fran Miron, Chair, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 A. Roll Call B. Pledge of Allegiance C. Approval of the Regional Rail Authority minutes from February 25, 2020. D. Adopt a resolution to quit claim any interest the Washington County Regional Railroad Authority may have to property west of the current County State Aid Highway (CSAH) 38 (Maxwell Avenue) in the City of Newport to the City of Newport. E. 1. Approve Contract No. 13327 with Kimley-Horn and Associates for an amount not to exceed $317,040 to complete the scope of work for the Trunk Highway (TH) 36 Corridor Transit Feasibility Study. 2. Approve permanent use of fund balance from Fund 216 in an amount not to exceed $317,000 for the TH 36 Corridor Transit Feasibility Study. 9:20 F. Adjourn 2. 9:20 Washington County Board of Commissioners - Roll Call 3. 9:20 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the fell Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 4. 9:30 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the March 10, 2020, County Board meeting minutes. B. Adopt a resolution for the County's Land and Water Legacy Program contribution to the Tschida conservation easement in Hugo. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County Consent Calendar continued C. Adopt a resolution for the County's Land and Water Legacy Program contribution to the Goodwin conservation easement in Stillwater Township. D. Adopt a resolution allowing staff to apply to the Department of Natural Resources' Scenic and Natural Areas grant program for matching funds for a Land and Water Legacy Program (LWLP) conservation easement project. E. 1. Adopt a resolution in support of the 2020 Census. 2. Adopt a resolution to encourage access to multi -unit housing structures by U.S. Census Bureau employees. F. Adopt a resolution to extend the contract period of the County's 2018 Section 5310 grant (MnDOT Agreement 1029508) from September 30, 2019 to July 30, 2020 and to approve a $32,000 advance in the federal share of the County's 2020-2021 Section 5310 award by the Minnesota Department of Transportation (MnDOT). G. Adopt a resolution to endorse the President of the United States' proclamation that April 2020 is Child Abuse and Neglect Prevention Month. H. Presentation of the 2019 Annual Report of the Washington County Child Protection Citizen Review Panel. I. Approval of an application for a 1-4 day Temporary On -Sale Liquor License from the VFW Post 323 for a special event at the Washington County Fairgrounds May 29, 2020, through May 31, 2020. J. Adopt a resolution for Watershed -Based Funding Implementation Program participation. K. Adopt a resolution to delegate authority to the county's Lower St. Croix One Watershed One Plan Policy Committee representative to vote on whether the draft plan is to be submitted for 60-day public comment period and provide authorization concerning establishment of a post 60-day review public hearing. L. Adopt a resolution for approval of the Minnesota Pollution Control Agency (MPCA) 2020 Local Recycling Development Grant (LRDG) Report and Application. M. Adopt a resolution to establish County State Aid Highway (CSAH) designation on portions of 50th Street North and Hadley Avenue North in the City of Oakdale between Olson Lake Trail and the Trunk Highway 36 north ramp intersection, said portions to be designated as a portion of CSAH 13 within Washington County. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County Consent Calendar continued N. Adopt a resolution to submit applications for federal funding through the Metropolitan Council's 2020 Regional Solicitation grant program. O. Approve Joint Powers Agreement No. 13332 with the City of Bayport, Minnesota, to provide fuel to the city for law enforcement services and authorize its execution pursuant to Minn Stat. 373.02. P. Approve Joint Powers Agreement No. 13333 with the City of Oak Park Heights, Minnesota, to provide fuel to the city for law enforcement services, and authorize its execution pursuant to Minn. Stat. 373.02. Q. Approve Grant Agreement No. 13334 between the Office of National Drug Control Policy and Washington County in the amount of $150,878.00 for the period of January 1, 2020 through December 31, 2021, and authorize its execution pursuant to Minnesota Statute 373.02. 5. 9:30 General Administration - Kevin Corbid, County Administrator A. Consideration of county service delivery changes in response to the COVID-19 Pandemic. 6. 10:30 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:40 Adjourn Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER March 12, 2020 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Rod Hunter, Tim Sinclair and Bonnie Haines, Clerk Kathy Schmoeckel, Treasurer Marsha Olson and Chief of Police Steve Nelson 1. AGENDA - M/S/P Sinclair/Hunter moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Hunter/Haines moved to approve the February 27, 2020 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. TREASURER - a. Report given. b. Building Inspector Fund - The Building Inspector Fund has built up to a significant amount. The Treasurer will talk to Jack Kramer about this. c. Checks and Claims - Checks and Claims #44190 through #44223 were approved for payment. 4. PLANNER - a. Raleigh Mine Update - The next meeting on this issue has been moved to the Washington County Government Center (LL14) on Thursday, March 26 at 7:00 p.m. Chair Untiedt had met with Mike Raleigh and Steve St. Clair to discuss possible changes to their permit including: • Hours of operation to be lam to 7pm with hauling hours 7am to 4pm • Saturday 8-2 with no hauling on Stonebridge. Possibility of no Saturday operations without permission from the Chair. • Annual tests of the aquifer • They have new back-up safety warnings which are much quieter We should ask Raleighs to disclose the terms and conditions of the permit when they were originally established in 1955. Also, how much soil has been brought in. 5. CHIEF OF POLICE - a. Report given. There were 7 burning permits in February. Ten permits have been issued for the year. There were no impounds. There were 39 calls for service. b. Burning Permits - We are now issuing permits for summer burning which means no burning before 6 pm. The DNR has not yet put the spring burning ban into effect, but we expect it will be done soon. c. Dog License Information - A resident had complained that we had made their phone number public without their permission and they are now getting robo calls. Their information was removed immediately; however they did sign the form allowing their information to be posted on the website. Residents should be advised that we never post private information without their permission. Stillwater Town Board Mtg. — 3/12/20 Page 2 d. Road Restrictions - Road restrictions are in effect as of March 6, 2020. Haulers have been notified. 6. FEMA - Information will be put on the website about flood insurance. 7. LIGHTS ON AT THE TOWN HALL - There have been several positive comments about the lights on the town hall. There was discussion about possibly leaving them up year-round. The consensus was to leave them as a seasonal thing. 8. ADJOURNMENT - The meeting was adjourned at 8:05 p.m. Clerk Chairperson Approved