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Home My WebLink About2020-07-21 CC Agenda Packet 7 pm 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 in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING July 21, 2020 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Manning Ave and Hwy 36 Comprehensive Infrastructure Development Concept Plan 2. Lakeview Hospital Cost Sharing Discussion IV. RECESS REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. RECOGNITIONS OR PRESENTATIONS 3. Stillwater Human Rights Award - Mark Trumper - Resolution 4. Stillwater Gazette 150th Anniversary Proclamation IX. OPEN FORUM – the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. X. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Director 9. Public Works Director 10. Finance Director 11. City Attorney 12. City Administrator XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. July 7, 2020 special, regular and recessed meeting minutes 14. Payment of Bills 15. Main Street South Retaining Wall 16. Sanitary Sewer Adjustments 17. The Stills and Hotel Crosby Lot Combination – Resolution 18. Gambling Premise Permit for Meisters Bar 19. Roll‐off Hauler License for T&T Disposal Page 2 of 2 City Council Meeting Agenda July 21, 2020 XII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 20. CPC 2020‐30 to consider an appeal request by Michael Givens, representing Mikden of Stillwater LLC, property owner, and Bruce McLean, applicant. Request is for the reconsideration of the CPC’s denial of a Special Use Permit to allow outside sales of storage sheds, previous Case No. 2020-20. Property located at 2001 Washington Ave. Notice was mailed and published in the Stillwater Gazette on Friday, July 10th, 2020. XIII. UNFINISHED BUSINESS 21. Public Works/Water Board Transition Planning Draft Ordinances – Review/Discussion 22. COVID-19 Response Update a. August Parking Fees b. Remaining 2020 Events Schedule c. CARES Act Funding update XIV. NEW BUSINESS 23. 1611 2nd Street North Code Violation Appeal 24. Downtown Parking Lot Project Bid Approval XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT July 17, 2020 Mr . Bill Turnblad Community Development Director 216 4th Street North Stillwater, MN 55082 Re: Central Commons Cost Sharing Dear Bill: 6770 Stillwater Blvd N, Suite 110 Stillwater, MN 55082 651-705-3302 Thank you, your team, the Planning Commission, the City Council, and the Mayor of Stillwater for your collective ongoing commitment to working through the approvals needed for Central Commons to become a reality on the Southeast Corner of Manning and Highway 36. I think we all understand how important and yet complex this development is. We have had several conversations starting back with our Pre-Annexation Agreement which provided as follows: TAX ABATEMENT. The City has reviewed the economic and fiscal benefits of the PUD, including the proposed real estate tax estimates as prepared on 7125 I 19 by the Owner's consultant, attached hereto and incorporated herein as Exhibit G, along with the necessary approvals and related costs associated to develop the PUD, and finds it necessary to provide the Owner with financial incentives such as tax abatement and development fee reductions (e.g. AUAR Fees, Park Dedication Fees) in order to make extension of public infrastructure financially feasible. The City will use its best efforts to utilize the appropriate financing tools to assist with the implementation of the PUD. For reference, I have attached that Exhibit G to this correspondence which, in draft form and in addition to development fee reductions, guided the use of tax abatement from both the Ci t;y, of Stillwater and Washington County. T n the past 12 months, the overall project costs and public infrastructure costs have come into better focus. Although there still remain some questions about $3 Million of additional Interchange funding from the Minnesota state bonding bill and other possible sources of Washington County funding, for purposes of our PUD approval , Central Commons requests concept approval of the following: 1. Assessment Agreement for Agreed Public Infrastructure Costs. While projected public infrastructmc costs arc still tentative, we understand that Central Commons will be asked to contribute a share of the costs to extend the public watermain and sanitary sewer (along with two lift stations) from its current location near Bradshaw on Curve Crest through and to the westerly side of our site where the second lift station will be located. In addition, we have learned that Washington County has requested significant financial reimbursement contributi_ons from the City of Stillwater for street costs of Manning Avenue South and CSAH 15 South Segment which conne d to the new inte rchange, retaining walls to support these streets while achieving the interchange grades, and a traffic signal, all of which in turn have been forwarded to us as "interchange potential costs" or "IPC's''. We have strongly objected to both Washington County and the City of Stillwater over these "IPC's as Washington County Engineering, in om discussions dating over two years back, indicated that if we contributed the right of w a y land for the interchange and adjacent streets to the County fre e of charge . they would not hill or ass ess us for the costs of the roads . To now bill the City of Stillwater to in turn bill us seems to make the offe r of land in exchange for the construction of roads very disingenuous. We have requested a meeting with Washington County later this month in an attempt to resolve the IPC 1ssuc. Finally, as we are building the extensive and costly BCWD mandated storm water utility and pipe system, we ask that this east (as well as th~ land cost) also be considered a public infrastructure cost for purposes of the development fee waiver in #2 below (but not otherwis e assessed). For purposes of this discussion, we are suggesting that upon mutual agreement ofour share of the public infrastructure costs, wc would accept an assessment agreement for our share (35 acres). Similarly, we understand that Lakeview Hospit a l ·would accept its share of these agreed assessmenL::; [or iLs parcel (60 acre.s) and that the 22 acre parcel to our east could be included to share these costs -for a combined total of 107 acres . 2 . Ocvelopmcnt Fee Waivers. In order to partially offset the public infrastructure costs, potential !PC's, and BCWD storm water utility costs, we arc requesting that the AUAR, Trunk sewer and water fees, WAC fees, Park and Trail, and Enginee ring Inspection fees be waived as a credit to the accepted costs and assessments. 3 . Tax Abatement. In order to offset the remainder of the public infrastructure costs ~ot otherwise offset in #2 above, wc are requesting that tax abatement for il(e . development be approved in an annual amount (based on the initial Grocery, C-store, and Market Rate Rental) be used to offset the annual assessment payments accepted for a similar duration (20 years). 4. Master Escrow Agreement as Security/ Final Plan. Central Commons and Hy-Vee will escrow 120% of the.improvements needed to complete the development in advance of construction. Central Commons is requesting that this escrow be considered a "master escrow" with the City of Stillwater (which would able to draw on it in the event of a default by Central Commons) so as to eliminate a second and duplicate escrow / letter of credit from the City of Stillwater. Similarly, the assessment agreement will act as surety for the public improvements so no cash escrow or letter of credit will be required for these. Central Commons also requests the City permit recording of the Final Plat with the execution of a development agreement incorporating the above terms but in advance of the assessment agreement so as to facilitate a 2020 sale of the parcels to Hy-Vee. We understand these requests are at the concept phase and would ask for the Council's consideration should any later needs or unknown conditions develop which would necessitate reconsideration of the above approvals. Thank you for your consideration. We look forward to a terrific new development on a great new City of Stillwater corner! Sincerely, Central Commons, LLC . Mark W. Lambert Tax Abatement Analysis Summary Findings: Using the total market value of the completed development, as summarized below, and the listed abatement rates, the maximum present value is as follows : Stillwater: $2.8 Million Washington County: $1.8 Million City of Stillwater Abatement rate: .45% (estimate) Washington County Abatement rate: .29682% (based on 2019 rate) Market Value, Sq. Ft. and Unit Assumptions ---- --Location MktValue Per Unit Bldg sq. ft. Commercial / Retail --Grocery $ 60.00 95,716 -C-Store $150.00 8,700 -_,... Retail 1 $ 150.00 6,000 -Retail 2 $ 150.00 6,000 Medical Bldg $ 120.00 55,794 Reta ii Med 3&4 $ 120 .00 12,000 J_ --Rental ---. Market Rate Rental $120,000 180 --------.. ·-·-----.. ··--.. --- units 180 sq. ft. 184,210 ---~ - Market Value of Completed Development Commercial / Retail Grocery 5,742,960 -C-Store 1,305,000 Retail 1 900,000 Retail 2 900 ,000 Medical Bldg 6,695,280 Retail Med 3&4 1,440,000 -Rental 0 Market Rate Rental 21,600,000 -,--.. ----·--------·-- Total Market Value 38,583,240 - EXHIBITG Page 1 CITY OF STILLWATER LIST OF BILLS Accurate Radar Specialties Calibration of radar 510.00 Ace Hardware Supplies 318.61 Advance Auto Parts Equipment Repair Supplies 52.69 Amdahl Locksmith Inc Chris Keys 159.70 Anchobaypro Inc Curve Crest Villas 32,891.66 Applied Ecological Services Professional service 2,874.20 Aspen Mills Uniforms 264.45 Big Red Dog Studios Hands Across the Croix Logo Design 230.00 BlueCross BlueShield of MN Inc.Retiree Health Ins 3,592.50 Bolton and Menk Inc.Greeley & Market Pl lift station imp 370.00 Buberl Black Dirt Inc.Black dirt 90.00 CalAtlantic Homes Grading Escrow Refunds 13,500.00 Cates Fine Homes LLC Grading Escrow Refund 1,500.00 CDW Government Inc.Dymo Label Writer 79.59 Cintas Corporation Uniforms & mats 420.82 CivicPlus HR Software 6,691.08 Comcast Cable & Internet 223.15 Computer Integration Technologies Heirloom & Landmark Website 1,372.75 Dalco Janitorial Supplies 1,579.27 ECM Publishers Printing and Publishing 52.25 Elevage Hotel Group LLC Tax Increment 54,799.42 Ellsworth Amanda Park Fee Refund 100.00 Enterprise FM Trust Lease vehicles 7,752.88 Environmental Equipment & Services Equipment repair supplies 261.80 Galchutt Ian Park Fee Refund 185.00 Gopher State One Call Inc.Locates 621.00 Gramenz Phyllis Park Fee Refund 85.00 Guardian Supply Uniforms 351.96 Heimdahl Fitzie Reimburse for Commissioner device 589.05 Helkes Tree Service Tree Removal 11,200.00 Hoisington Koegler Group Inc Aiple Park 1,011.25 Kath Companies Oil 3,082.00 Kirvida Fire Inc.Vehicle repair charges 5,673.12 Kwik Trip Inc Fuel 30.00 Lakeview Hospital Legal blood draws 50.00 Lentz Dan Reimburse for tape measure 16.05 Lincoln National Life Insurance Co COBRA Life Insurance 7.20 Loffler Companies IT Professional Services 1,072.50 Madden Galanter Hansen LLP Labor Relations Services 51.85 Menards Supplies 2,238.39 Metropolitan Council Wastewater Charge 166,640.34 Miller Excavating Benson Blvd Drainage 1,521.93 Minnesota UI Fund Unemployment insurance 1,831.72 MN Dept of Driver & Vehicle Services 2015 Pick Up Registration 78.34 MN Dept of Transportation Bituminous plant inspection 95.09 Page 2 MN Fire Srv. Cert. Board Certification exams 360.00 Office Depot Office Supplies 89.94 OnSite Sanitation Portable Restroom 845.00 Performance Plus LLC Drug screen 45.00 Postmaster Newsletter Postage 1,460.21 Primary Products Co.Face Shields - Clear 450.00 Rehn Code Consulting Services Plan review 2,771.85 Roadkill Animal Control Animal pick up 45.00 Robole Donna Reimburse for expenses 332.72 Rose Floral Outdoor plants 189.75 Safe Fast Inc Safety vests 164.80 Sherwin Williams Paint 157.50 SiteOne Landscape Supply Park supplies 106.28 Standard Spring Parts Equipment repair supplies 515.91 Stillwater Glass Inc.Windshield Replacement 437.51 Stillwater Rotary Club Membership 200.00 Stillwater Township 2020 Annexation - per agreement 20,298.92 SW/WC Service Cooperatives Retiree Health Insurance 54,771.40 T.A. Schifsky and Sons Asphalt 273,026.78 Tire Pros and Wheel Experts Tires 471.96 Toll Gas and Welding Supply Cylinders 43.92 Tri-State Bobcat Equipment rental 1,950.00 Uline Inc Supplies, bulletin boards & mats 3,502.76 Verizon Wireless Wireless Service 2,993.00 Voyant Communications Phone 1,088.07 Welle Scott June 2020 workshop 300.00 Winnick Supply Tubing 43.99 Wolf Marine Inc.Summer slip lease 1,600.00 Zimmerman Richard Park Fee Refund 50.00 Ziegler Inc.Equipment repair supplies 132.27 REC CENTER Cintas Corporation Mat cleaning service 51.50 Comcast Internet 109.85 Gertens Wholesale Plants 883.00 Grainger Equipment repair supplies 312.94 LIBRARY Amazon Business Programs 683.60 Bibliotheca LLC SelfCheck Upgrade 7,829.00 Brodart Co Materials 7,096.51 Cintas Corporation Towels & Rugs 63.84 Comcast Internet 188.06 Culligan of Stillwater Water 39.25 Demco Inc.Equipment - Media Rack 454.66 Page 3 Hedin Sue Staff Reimbursement 34.18 Menards Supplies 83.14 Minnesota UI Fund Unemployment Insurance 1,270.19 Office of MN IT Services Phone 143.70 Postmaster City Newsletter 292.04 Ramsey County Parks & Rec Tamarack Nature Center 125.00 Rose Floral Terrace Plantings 311.91 Tan Ni Programs 300.00 UnlimitedIO Pictures Over Stillwater 200.00 JUNE MANUALS Comcast Internet 134.90 Gateway Cycle Electric bikes 7,999.98 MN Dept of Health Neal Ave Plan Review 150.00 MN Pollution Control Agency Neal Ave Plan Review 310.00 Simplifile LC Filing fee 150.00 Xcel Energy Energy 6,366.97 TOTAL 730,147.37 Adopted by the Stillwater City Council this 21st day of July, 2020 Mayor Ted Kozlowski MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 1. I f the premTses ls leased, attach a co py of your lease. Use LG215 Lease for Lawful Gambling Activity. 2 . $150 annual premises permit-fee, for each permit (non-refundable). Make check payable to "State of Minne:-.ota ." Organization Name: Eagles 91 Chief Exea,t;~ Offiooc (CEO) Ka.~ Mo s:e /(__ Adei, ,., e. ~ v-r a I l 6/15 Page 1 of 2 Annual Fee $150 (NON-REFUNDABLE) Mail the application and required attachments to: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Rosevill e, MN 55113 Questions? call 651-539-1900 and ask for Licensing . License Number: Oo ~ 5 9 Daytime Phone : '75> -3qg-9 5£,5 1 -0 63 ' Daytime Phone: /S _t_, q~ I· / n/J e_ ,5 k~s /3a.....-,· ~r; LL Current name of site where gambling will be conducted : __ tr_ 1 _________ -.c... __ L_.,. __________ _ List any previous names for this location: Street address where premises is located : __ q-'-·_0_,_/-=----'-l.,_.,..-f-1.. _ _.;:;;.~...,:...-·......,.5 -'/j:c..' ..c.u±fz_'---<---------------- (Do not use a P.O. box number or mailing address.) OR Township: County : Zip Code: /Ja.S ft I ns-k-1'1 550.8-';;l._ Does your organization own the building where the gambling will be conducted? Oves ~ No If no, attach LG215 Lease for Lawful Gambling Activity . A lease is not required if only a raffle will be conducted. Is any other organization conducting gambling at this site? rzfNo Ooon't know Note: Bar bingo can only be conducted at a site where another form of lawful gambling is being conducted by the applying organi- zation or another permitted organization. Electronic games can only be conducted at a site where paper pull-tabs are played. Has your organization previously conducted gambling at this site? Oves [}(JNo Ooon'tknow Bank Name : lAJJl.// S h Y'(f Q Bank Account Number: Bank Street Address : ;?(Jt){) /VcJt'.fJ..tJt>S*'(tl &!t..fpty; .Sb J lw~V-State: MN Zip Code: 5S' cJod).. --. ~ Address (Do not use a P.O. box number): City : State : Zip Code: 5,-; J l vJ6'-..kv, MN 5S-c:)~..i. MN MN LG214 Premises Permit Application :.,---~-:'.".,........,..~-;-.-:-.. ~--·----:-~ -----,-::-...... ,, -~; CITY APPROVAL for a gambling premises located within city limits City Name: -------------------- Date Approved by City Council : ------------- Resolution Number: .,.,...-----,------------ (If none, attach meeting minutes.) Signature of City Personnel: Title:------------Date Signed: ____ _ Local unit of government must sign. 1. I hereby consent that local law enfo r cement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter and inspect the premises. 2. The Board and its agents, and the commissioners of revenue and public safety and their agents, are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3. I have read this appllcation and all information submitted to the Board is true, accurate, and complete. 4. All required information has been fully disclosed. 5. I am the chief executive officer of the organization. COUNTY APPROVAL for a gambling premises located in a township 6/15 Page 2 of 2 County Name:-------------------- Date Approved by County Board: ------------- Resolution Number: ------------------ (If none, attach meeting minutes.) Signature of County Personnel: Title:------------Date Signed:------- TOWNSHIP NAME: ----------------- Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an applicati on, per Minnesota Statutes 349.213, Subd . 2 .) Print Township Name:----------------- Signature of Township Officer: -------------- Title:------------Date Signed:------- 6. I assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. I will familiarize myself with the laws of Minnesota· govemlng lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, includlng amendments to them. 8. Any changes in application information will be submitted to the Board no later than ten days after the change has taken effect. 9. I understand that failure to provide required Information or providing false or misleadlng Information may result in the denial or revocation of the license. 10. I understand the fee is non-refundable regardless of license approval/denial. Slgnat~e Officer (designee may not sign) 7/tq/20 Date Data privacy notice : Toe Information requested on th is form (and any attachments) will be used by the Gambling Control Board {Board) to determine your organ ization's qualifications to be involved In lawful gambling activities In Minnesota. Your organ ization has t he right to refuse to supply the information; however, if your organization refuses to supply this Information, the Board may not be able to determine your organ ization's qualifications and, as a consequence , may refuse to Issue a permit. If your organizat ion supplies the information requested , th e Board will be able to process your organization's application. Your organ ization's name and address wlll be public information when received by the Board. All other information prov.i ded will be private data about your organizat ion until the Soard Issues the permit. When the Board Issues the pe.rmit, all Information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address wh ich wlll remain publi c. Private data about your organization ;.,r e available to: Board members, Board staff whose work requires access to the information; Minnesota 's Department of Public Safety , Attorney General, Commissioners of Adm inistration, Minnesota Management & Budget, and Revenue; Legi.slative Auditor, national and International gambling regulatory agencies; anyone pursuant to court order; oth er Ind ividuals and agencies specifically authorized by state or federal law to have access to the Information; Ind iv idua ls and agencies for which law or legal order authorizes a new use or shar ing .of information after this notice was given ; an d anyone wlth your written consent. MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity 6/15 Page 1 of 2 License/Site Number : Daytime Phone: 71 S -G, 10 -'l 5 5 I State : Zip : M:v sst>cv Name of Leased Premises : treet Add res s: o 1-4-11. St-. Sov-1-h City : Sta t e: Zip: MN 55o8"a,_ Daytime Phone : ls, SI -'ld'i-eri!&.o Name of Legal Owner: Business/Street Address: Name of Lessor (if same as legal owner, write "SAME"): Address : _5' WI-'<.-. City : State : Zip : Daytime Phone: f ::><5k applicable item: } I New or amended lease. Effective date: 8, I~ 2,()2.Q . Submit changes at least ten days before the effective date of the change. D New owner. Effective date:--------· Submit new lease within ten days after new lessor assumes ownership. ae · Pull-Tabs (paper) Pull-Tabs (paper) with dispensing device Bar Bingo Tipboards Paddlewheel 0Paddlewheel with table IX] Electronic Pull -Tabs [XJ Electronic Linked Bingo Electronic games may only be conducted: 1. at a premises licensed for the on-sale of intoxicating liquor or the on-sale of 3.2% malt beverages; or 2. at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. BOOTH OPERATION: Some or all sales of g ambling .equ i pment are conducted by an employee/volunteer of a llce nsed -organization at the leased premises. ALL GAMES, induding electronic games: Monthly rent to be paid: __ %, not to exceed 10°/o of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION: All Sa les of gambling equi pme nt conducted by t he lessor or lessor's em ployee. ELECTRONIC GAMES: Monthly rent to be paid : 15 %, not to exceed 15°/o of the gross profits for that month from electronic pull-tab games and electronfc linked bingo games . ALL OTHER GAMES : Mont hly rent to be paid : ~ %, not to exceed 20°/o of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises, r ent may not exceed 10% of gross profits for that month and is subject to booth operation $1,750 cap. Bingo rent is limited to one of the following : • Rent to be paid: ___ %, not to exceed 10°/o of the monthly gross profit from all lawful gambling activities held during bingo occasions, exduding bar bingo. -OR- • Rate to be paid: $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to tl1e lessor. => Rent may not be paid for bar bingo. => Bar bingo does not indude bingo games linked to other permitted premises. The lease may be terminated by either party with a written 3 C> day notice. Other tenns: LG215 Lease for Lawful Gambling Activity Lease Term: The term of this agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management: The owner of the premises or the lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited: The lessor will not par- ticipate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct of lawful gambling on the premis- es, except as authorized by Minnesota Statutes, Section 349.181. Illegal Gambling: The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organiza- tion is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes, Section 349.18, Subd. l(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, Section 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H, or Minnesota Statutes, Section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or to the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. 6/15 Page 2 of 2 Other Prohibitions: The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) of gambling-related equipment and ser- vices or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pend- ing a final determination by the Compliance Review Groul)-(CRG) of the Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to Permitted Premises: Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. · Lessor Records: The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintuined for 3-1/2 years. Rent All-Inclusive: Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organi- zation, including but not limited to: -trash removal -electricity, heat -snow removal -storage -janitorial and cleaning services -other utilities or services -lawn services -security, security monitoring -cost of any communication network or service required to conduct electronic pull-tabs games or electronic bingo -in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Board. Rent payments may not be made to an individual. I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board . Other terms of the lease: Date: Signature of Organization Official (Lessee): Date : '.../ ~. ~ .,._.e_z Print Name and ntle of Lessee : Questions? Conta e Licensing Sectio n, Gambling Control Board, at 651-539-1900. This publ!cation will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules oovemino lawful oamblino activities. (! ~l"""roi( I &-f"/"rtd,/1'115 /111,rf'uj{ Mail or fax lease to: Minnesota Gambling Control Board 1711 W. County Road B, Suite 300 South Roseville, MN 55113 Fax: 651-639-4032 Date: July 21, 2020 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Roll-off Hauler Licenses DISCUSSION: T & T Disposal of Inver Grove Heights, MN has submitted the required application and fee for a 2020 Roll-off only Hauler License. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion approving a roll-off hauler license to T & T Disposal contingent upon the satisfactory completion of application submittal requirements. 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 in the meeting by logging in online at www.zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 794 206 779 Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING July 21, 2020 SPECIAL MEETING I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Manning Ave and Hwy 36 Comprehensive Infrastructure Development Concept Plan 2. Lakeview Hospital Cost Sharing Discussion IV. RECESS 4:30 P.M. REGULAR MEETING 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. RECOGNITIONS OR PRESENTATIONS 3. Stillwater Human Rights Award - Mark Trumper - Resolution 4. Stillwater Gazette 150th Anniversary Proclamation IX. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. X. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Director 9. Public Works Director 10. Finance Director 11. City Attorney 12. City Administrator XI. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. July 7, 2020 special, regular and recessed meeting minutes 14. Payment of Bills - available Tuesday 15. Main Street South Retaining Wall 16. Sanitary Sewer Adjustments 17. The Stills and Hotel Crosby Lot Combination - Resolution XII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 18. CPC 2020-30 to consider an appeal request by Michael Givens, representing Mikden of Stillwater LLC, property owner, and Bruce McLean, applicant. Request is for the reconsideration of the CPC's denial of a Special Use Permit to allow outside sales of storage sheds, previous Case No. 2020-20. Property located at 2001 Washington Ave. Notice was mailed and published in the Stillwater Gazette on Friday, July 10th, 2020. XIII. UNFINISHED BUSINESS 19. Public Works/Water Board Transition Planning Draft Ordinances - Review/Discussion 20. COVID-19 Response Update a. August Parking Fees b. Remaining 2020 Events Schedule c. CARES Act Funding update XIV. NEW BUSINESS 21. 1611 2nd Street North Code Violation Appeal 22. Downtown Parking Lot Project Bid Approval XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda July 21, 2020 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: July 17, 2020 Subject: TH 36/Manning Avenue Development DISCUSSION: Projects and future developments in the southwest corner near Manning Avenue TH 36 will be occurring over the next several years. With Washington County planning two projects; Manning Ave/ TH 36 Interchange Project and the 58th Street (Manning Avenue Connection) and the Central Commons development and the Lakeview Hospital site , the City will have costs associated with these projects that staff wanted to discuss with Council. A power point presentation will be presented to Council to showing the projects, timing, costs, and funding mechanisms for discussion. Stiliwater The Birthplace of Minnesota RESOLUTION 2020-065 Stillwathr Human Rights Commission Harmony • Dignity • Respect STILLWATER HUMAN RIGHTS AWARD MARK TRUMPER Whereas, the Stillwater Human Rights Commission requested nominations for the 2020 Stillwater Human Rights Award, and Mark Trumper has been nominated for benefitting a community children at Pillsbury Elementary School inby teaching them safe biking practices, introducing them to the surrounding neighborhood amenities, and by building self-esteem and empowerment; and Whereas, Mark recently retired from teaching at the North Minneapolis school that enrolls many immigrant children, mainly from East Africa. About 7 years ago, after finding out most 4th and 5th graders did not know how to ride a bike, he began "Pedal Power" a bike riding group for children to safely learn to bike ride, as a vehicle, and for the adventure, grit and persistence it takes to learn to ride, ride well, and ride a long time. Education on bike repair and maintenance is also provided. This offers a method of transportation and empowerment to a group of children who experience a variety of disparities as immigrant chilren; and Whereas, hundreds of hours were volunteered to bring biking to these students who are on subsidized lunch programs and more than half do not speak English at home. Mark takes the students out for weekly rides, use bikes rather than buses when possible, and they learn science, art, history and more from their biking adventures; and Whereas, one student remarked that they had never seen the Mississippi River, even though the school and homes of the children are just blocks from it. Another quote was "You never know what you will learn about on a bike ride," where the children found a turtle and huddled around it to learn about its habitat and characteristics; and Whereas, Mark also takes the students Nordic Skiing after school to expand their outdoor experience. He wrote many grants for funding for the skis, poles, and so forth, and established Pedal Power as a 501.c.3 nonprofit, separate from the school district. Mark is also an active member of Trinity Lutheran Church in Stillwater and volunteers on the Stillwater Nordic Ski Team. Now Therefore, Be It Resolved, by the City Council of the City of Stillwater, Minnesota, the 2020 Human Rights Award is presented to Mark Trumper in appreciation of his outstanding leadership and dedication to human rights, and is hereby commended for those efforts. Adopted by the City Council this 21st day of July, 2020. .Mayor ►ST ILL •h, .� rr ,rce.v- 4: ■ � � r Cite of *ttthuater, fillinneqota Jtaceatiurtiaft WHEREAS, the Gazette is a weekly newspaper serving Stillwater and the St. Croix Valley; and WHEREAS,. the first issue of the Gazette was published on August 6, 1870 and is celebrating its 150th anniversary this year; and WHEREAS, the archives of the Gazette chronical the history of the community. In 2018, the Gazette was the recipient of the Minnesota Newspaper Association's Mills Trophy as "the most outstanding weekly newspaper in Minnesota;" and WHEREAS,the Gazette has supported civic engagement in local elections by hosting candidates forums; and WHEREAS, the Gazette informs the community about local issues, community events and youth sports. NOW THEREFORE, I, Ted Kozlowski, Mayor of the City of Stillwater, do hereby proclaim August 6, 2020 as: The Gazette Day N IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 21st day of July, 2020. \,;,N\ • ... O`►t,`��,, .Mayor ti1Iwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES July 7, 2020 SPECIAL MEETING 4:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 4:04 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land Community Development Director Turnblad City Planner Wittman IT Manager Holman Finance Director Provos Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Public Works Superintendent Moore Human Resources Manager Robole Water Board Chair Speedling Water Department Director Benson OTHER BUSINESS Public Works Operational Review Recommendation Transition Plan City Administrator McCarty provided background on the operational review of the Public Works Department, including the Board of Water Commissioners operations and the St. Croix Valley Recreation Center operations. GovHR USA, the firm that conducted the analysis, has developed a potential transitional plan that would facilitate an updated organizational structure for the Public Works Department, including integration of the Water Department operations into a Utility Division. The integrated model for future operations involves four divisions: engineering, streets, parks/special events, and utilities, including Water Department operations. Steve Speedling, Water Board Chair, stated the Water Department team is aligned with what the City wants to do and excited for the next steps. He thanked Councilmember Polehna for being a liaison between the two teams. City Administrator McCarty reviewed the actions and protocols necessary to integrate the organizational structure and operations of the Public Works Department and Water Department. The Transition Planning Team recommends that the City Council move forward with the process as outlined in the GovHR USA report. To move forward, the City Council needs to initiate procedural steps, including City Charter and ordinance changes. He emphasized that moving to an integrated model assumes that current programs and City Council Meeting July 7, 2020 services provided by the Public Works Department and Water Department, as well as other departments in the City, will continue. The first priority is to provide direction on a proposed Charter amendment. City Attorney Land stated it is best if the Charter Commission and Council both agree this is a path they want to follow. She will draft language for the Council's consideration that can be passed to the Charter Commission for review. The Charter Commission vote does not have to be unanimous, it is just majority vote. Then the proposed amendment language goes to the Council for a vote. The Council vote must be unanimous. Councilmember Weidner expressed that he realizes this idea was probably met with apprehension and he appreciates the Water Department, Water Board and Councilmember Polehna working together to come to an understanding that this may be best for the City and its residents. Water Board Chairman Speedling relayed that the Water Board and staff appreciates the passion and direction of the Council as well. Previously there was a lot of mixed information. Being more transparent will make the transition easier. Councilmember Polehna complimented the Water Board and staff on their knowledge and expertise. He feels the Water Board should be retained as an advisory board. Councilmember Weidner inquired what the Public Works preference is regarding formation of a Utilities Commission for water and sewer that involves the Water Board members. He does not want to dilute the expertise of the Water Board by adding a sewer component to their purview. Water Department Director Benson responded that he has no experience with a utilities commission, only the Water Board. In Woodbury there is a Utilities Department which is overseen by the Council. He would like to know Public Works Director Sanders' thoughts. Councilmember Polehna suggested that rate increases necessitated by the Met Council sewer treatment rate hikes may be better received coming from a Utility Board than a Water Board. Public Works Director Sanders stated that most communities do not have any type of a Utilities Commission. Most communities have a Utility Department, but they work under the direction of the City Council. There may be some benefit in having a Utilities Commission that would include water, sewer, maybe storm sewer, signs and lighting, because all have rate impacts. Councilmember Weidner stated a Utilities Commission would probably have five people, hopefully including the current three members of the Water Board. Mr. Speedling indicated that his team is in agreement with that as well. They have a lot of expertise and as long as the current board members are willing to continue volunteering their time, it is an incredible value to the City. Councilmember Junker stated that he likes the idea of combining water and sewer oversight and would like to get more info about whether to also include lights or other City services. Page 2 of 9 City Council Meeting July 7, 2020 Council consensus was to move forward and look at forming a Utilities Commission that includes at least water and sewer utilities, and to direct the City Attorney to draft language for a Charter amendment for the Council and Charter Commission to consider. Councilmember Junker stated he was confused by the information in the report about the technology aspects of the proposed integration. He would like more information on costs; and IT Manager Holman responded that the biggest integration component will probably be the accounting software, but that will depend on what the City decides with its own enterprise software. Integrating the technology may need to wait until that decision is made. City Administrator McCarty added that parallel billing systems could be used for some period of time until decisions are made. It is prudent to do this in phases rather than moving everything immediately. Councilmember Junker asked if all water department pump houses and real estate are owned by the Water Department; and Mr. McCarty answered that the assets are all owned by the City and maintained by the Water Department. Mr. Benson added that the structures themselves, when built, were paid for by the Water Department. Councilmember Weidner inquired if the establishment of an advisory committee is included in a Charter amendment; and Ms. Land responded that she recommends removing the Water Board section from the Charter, and adopting the procedures, process and structure into City Code. The only other board under the Charter is the Library Board which is still separate from the City. On a question by Councilmember Polehna about the status of hiring a Parks Supervisor; and Mr. McCarty replied that the 2020 budget included funding for a the position, but clarifying the job duties has been on hold until the City gets through this process and finalizes the structure. Heritage Preservation Ordinance Amendment Discussion City Planner Wittman reminded the Council that the City was awarded grant funding to update its preservation ordinance. The majority of the work completed to date has been re- writing the Heritage Preservation Commission (HPC) and the Design Permit sections of City Code. In addition to these sections, the City's consulting firm has recommended the creation of two new zoning overlay districts. The intent of the Downtown Design Review and the Neighborhood Conservation overlay districts is to codify existing design review practice in a way that better aligns heritage preservation with zoning regulations. The City released the draft ordinance amendments for review by the funding partners, Minnesota Historical Society and the State Historic Preservation Office. There are a few policy -related items for which staff is seeking Council direction. HPC enabling ordinance amendments must be completed by July 31, 2020 in order for the City to receive warded funds. Staff will bring all ordinance revisions back to the Council prior to final submission to funding partners. City Planner Wittman discussed issues that can arise regarding who is allowed to make recommendations for historic designation, for instance, a neighbor may recommend that a property be designated when the property owner is not in favor. She is comfortable with the approach that recommendations for designation come from staff, HPC, the Council and maybe the historical society. Council consensus was to agree. Page 3 of 9 City Council Meeting July 7, 2020 City Planner Wittman explained the issues involved in exploring the use of interim protection as a tool to review alterations proposed to structures that are designated or in process. Interim protection would require design review by the HPC during the designation process to prevent any alterations that could affect the character of the structure. Another tool that the State allows is the ability of the HPC to grant use variances. Currently the State does not allow the Planning Commission to grant a use variance. The State allows the HPC to look at requests for use variances when the structure has been designated as a heritage preservation site. The question is whether the Council wants to explore the policy of allowing the HPC to grant use variances. Councilmember Weidner expressed that he is not in favor of it. The HPC focuses on structure, not use. Use should be determined by the Council. City Planner Wittman mentioned that right now this is not something she wishes to pursue, but she would like to get the Council's thoughts. Council consensus was that if the HPC reviews use variances, the Council would prefer that the granting authority is at the Council level. City Planner Wittman pointed out that currently the HPC reviews design permits for new construction and additions in the West Stillwater Business Park. The consultants are encouraging staff to reconsider this. The new draft ordinance creates zoning overlays. She asked if the Council wishes to explore a design review district and shift those responsibilities to staff or the Planning Commission. Staff encourages creation of a design review district for commercial throughout the community with some standards so that the design is reviewed at the time of development. Councilmember Polehna indicated that he supports shifting design review in the West Stillwater Business Park district to the Planning Commission. Mayor Kozlowski agreed, if it makes sense from a staff perspective. City Planner Wittman reported that staff is working on language specific to demolition. The ordinance amendment will be reviewed by the HPC in July and both the HPC and Council in August. Public hearings on the final ordinance amendments, including demolition review requirements, will be held in September for the City to have all ordinances amended prior to the demolition moratorium expiration on October 1, 2020. RECESS Mayor Kozlowski recessed the meeting at 5:12 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Polehna and Weidner Absent: None Staff present: City Administrator McCarty City Clerk Wolf City Attorney Land Community Development Director Turnblad Page 4 of 9 City Council Meeting July 7, 2020 Finance Director Provos Public Works Director Sanders IT Manager Holman Fire Chief Glaser Police Chief Gannaway Library Director Troendle PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS There were no recognitions or presentations. OPEN FORUM Larry Odebrecht, a resident, expressed concern about speeding and pedestrian safety on White Pine Way and Millbrook Circle; and Chief Gannaway replied that the Police Department will do extra speed enforcement in the area. Mr. Odebrecht also stated there is low visibility at the Neal/McKusick intersection in regard to the crossover to get to the Brown's Creek Trail. He asked the City consider something to give people a heads up that there is a trail crossing ahead; and Public Works Director Sanders noted as part of the Neal Ave project a trail is being installed on the east side of Neal between McKusick Road and White Pine Way. He has had discussions with Washington County about a crosswalk on McKusick Road, but it is a difficult location because there is a crest in the road that makes visibility an issue. He can ask Washington County to revisit the issue. Instead of putting up a speed sign, the City can put out road tubes which measure speed without the drivers knowledge which can be a more accurate measure. Mike Adams, a resident, requested a status update on the investigation of the incident involving a woman who was harassed downtown by the Aryan Cowboy biker gang. He asked what kind of strategies can be implemented in the future to prevent this? He also asked if the Council is planning to issue some kind of statement that this behavior is not welcome in the community; and Police Chief Gannaway responded that the investigation is complete and everything has been referred to the City prosecutor for a decision on whether there will be any charges. An update will probably be available in the next couple of days. Mayor Kozlowski added that the City is working with the Human Rights Commission on what their role can be. He encouraged anyone who observes hate groups coming into town to call the cops, but added that the City cannot keep people from coming into town. Police officers are prepared to be alert to any hate groups that come into town. Mr. Adams inquired if the Chamber of Commerce or downtown businesses have been discussing this issue; and Mayor Kozlowski suggested that Mr. Adams ask the Chamber. He noted that he has been seeking legal language about the rights of business owners to refuse service to someone. He hopes to get that language soon and will pass it along to the Chamber. Councilmember Weidner mentioned that he assumes that the City is not providing legal advice to businesses about who can and cannot be served. He hopes they all seek their own legal opinion. Page 5 of 9 City Council Meeting July 7, 2020 CONSENT AGENDA June 16, 2020 regular session meeting minutes Payment of Bills Resolution 2020-061, resolution approving State of Minnesota Joint Powers Agreement with the City of Stillwater on behalf of its Police Department regarding the Minnesota Internet Crimes Against Children Task Force (ICAC) East Metro Public Safety Training Facility Contract Resolution 2020-062, appointing Election Judges and fixing compensation for the 2020 Primary Election Resolution 2020-063, approving Liquor License Business Name Change for Chilkoot Cafe to Muddy Paw Cafe Resolution 2020-064, a resolution approving an agreement relating to Landowner Improvements on 309 Laurel Street West New On -sale & Sunday Liquor License Forge and Foundry Distillery Company, dba Forge and Foundry Distillery Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. STAFF REPORTS IT Manager Holman and Tera Myers, Granicus, updated the City on the new web site which should be online in mid -August. Police Chief Gannaway reminded the public to continue social distancing. Two officers were exposed, and tested negative for COVID. Fire Chief Glaser reported there were small grass fires and water related incidents over the weekend. He expressed condolence to the family of the drowning victim. Public Works Director Sanders explained that work on the Shorty's parking lot began and the building will be demolished next week. He gave a street project update. Following the HPC recommendation, a stone face will be applied to the south Main Street wall at a cost of $58,000. The mussel report indicated there are no federally endangered mussels in the river, but there is a mussel on the State threatened list. The report was sent to the Department of Natural Resources for a recommendation. Plans are completed and ready to resubmit to the DNR and the Corps of Engineers. The plaza should still be constructed in late fall/early winter. City Administrator McCarty presented the City's 2019 Annual Report. He provided that the front stairs at City Hall will be replaced and the staff entrance at the rear will be modified. Library Director Troendle indicated that curbside pickup and other services have been expanded. Washington County Commissioner Gary Kriesel thanked staff for supporting the Highway 36/Manning project. Page 6 of 9 City Council Meeting July 7, 2020 PUBLIC HEARINGS CPC Case No. 2020-21 to consider a request by the City of Stillwater, applicant, for the consideration of a Comprehensive Plan Amendment related to development proposed for Central Commons Community Development Director Turnblad explained that the City's 2040 Comprehensive Plan identifies the 35.3 acres of property owned by Central Commons, LLC adjacent to the southwest corner of the City as a potential annexation site. It is guided for Highway Mixed Use Development. Central Common's plans are generally consistent with that guidance. However, now that annexation of the site is imminent, there are several related elements of the 2040 Plan that will need to be updated. The specific request is: 1) Amend the Future Land Use map by adding the subject property with the Highway Mixed Use classification; 2) Amend the Future Land Use Table by adding the acreage that the subject property contributes to the various applicable land use categories; 3) Amend the Projected Growth Assumptions regarding Housing and Employment; 4) Amend the Transportation Analysis Zones to include subject property; 5) Amend the Projected Growth Table to include updated population and employment data; and 6) Amend the Sanitary Sewer & Waste Water component by including the subject property in the MUSA, and by re -mapping the boundary of the MUSA. The Planning Commission held a public hearing in June and unanimously recommended Council approval. Staff recommends opening the hearing, receiving public comment, closing the hearing, discussing the case, and tabling a decision until August 4. Mayor Kozlowski opened the public hearing. There were no public comments. The public hearing was closed. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve CPC Case No. 2020-21, Comprehensive Plan Amendment related to development proposed for Central Commons. All in favor. UNFINISHED BUSINESS COVID-19 Response Update • Remaining 2020 Events Schedule City Administrator McCarty reviewed events that remain on the calendar and asked for direction on whether to cancel events the rest of the season. Robin Anthony, Chamber of Commerce, stated she has not submitted an application for the Rivertal Fall Art Festival yet as they are waiting to hear what the Governor is going to do. Mayor expressed events could occur if they adhere to the Governor's Executive Orders. City Administrator McCarty stated the Governor will call a special session regarding the executive order for health emergency, so there may be more info in two weeks. Staff will report back in two weeks. • Workplace of Tomorrow Team Update Regarding how to proceed with reopening facilities to the public when possible, Mr. McCarty stated a question arose about reopening public meetings for physical presence by community members. Staff is addressing this, as well as the possibility of opening the front Page 7 of 9 City Council Meeting July 7, 2020 lobby area of City Hall for those who have to meet with staff. These measures could possibly be in place by early August. Police Chief Gannaway explained the Police Department's policy for responding to complaints about social distancing. He advised that the State is considering taking action against liquor license holders who generate repeated complaints about social distancing violations. Community Development Director Turnblad inquired if the Council wishes to leave current parking charges in place (free except for lots 1 and 2 on weekends). Chamber Executive Anthony encouraged the Council to continue the free parking a while longer to support the businesses. Council consensus was the keep the free parking through July. Washington County Update on Highway 36 Nathan Arnold, Project Manager, Washington County Public Works, provided an update on the Highway 36/Manning Avenue interchange project. He reviewed the history, goals, design, schedule and costs. Design plans are to be 90% completed by the end of July. Construction will begin in 2021. The interchange is expected to be fully functional in 2021. $22 million of the $30 million has been secured. The City's share of project costs are estimated at $3,489,481. After applying secured funding, the City of Stillwater's cost share is approximately $2,367,116 or 24% of costs. Washington County is lobbying for $3 million in additional State Bonds which could further reduce the City's cost. The County will come back to seek a resolution of support. On a question by Councilmember Junker about the projected traffic volume jump on Manning Avenue; Mr. Arnold replied that the projections use the Met Council's most recent forecasting, but a large driver of traffic projections is future development south of the interchange. Councilmember Polehna thanked local legislators for helping secure bonding money. NEW BUSINESS Lift Bridge Brewery Mini -Donut Beerfest Event City Clerk Wolf reviewed that according to the application this will be a ticketed event with up to 1,000 people. The organizer will try his best to do social distancing and wants to block off the road for four days over Labor Day weekend. Councilmember Weidner noted the City is doing a lot of things for downtown businesses. Businesses all over the City are struggling. Councilmember Junker pointed out that there is a difference between closing an alley with six tables, versus this request. He would like to do everything possible for businesses, but has a hard time envisioning how to host 1,000 people while maintaining social distancing. Motion by Councilmember Weidner, seconded by Councilmember Collins, to approve the Lift Bridge Brewery Mini Donut Beerfest Event. All in favor. Page 8 of 9 City Council Meeting July 7, 2020 State Disbursement of Federal CARES Act Coronavirus Relief Fund City Administrator McCarty informed the Council that the federal Coronavirus Aid, Relief and Economic Security (CARES) Act was signed into law on March 27, 2020, providing over $2 trillion in federal economic relief to the nation. The CARES Act also established a $150 billion Coronavirus Relief Fund (CRF), providing payments to State, Local and Tribal governments to be used for eligible expenses that meet established CRF funding criteria. Stillwater's share of CRF funds is $1,500,401 ($75.34 per capita). Eligible expenditures must satisfy three major elements: 1) Necessary expenditures incurred due to the public health emergency with respect to COVID-19; 2) Costs not accounted for in the approved 2020 City budget; and 3) The expenses must be incurred between March 1, 2020 - November 15, 2020. He reviewed the funding categories for eligible expenses. The City will have some discretion to determine what expenses will meet the CRF funding criteria. City staff has been tracking all COVID-19 expenses since March 17 and will compile a summary of expenses that meet CRF funding reimbursement eligibility criteria. Staff will also research options for establishment of a small business Coronavirus relief grant fund, and report back to the Council. Councilmember Weidner noted that the City of Frisco, Colorado has a program where if someone buys a gift certificate at a local establishment, the City grants an additional $40 that may only be used locally and only until the end of September. Mayor Kozlowski encouraged citizens to submit other similar ideas. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 8:43 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2020-061, resolution approving State of Minnesota Joint Powers Agreement with the City of Stillwater on behalf of its Police Department regarding the Minnesota Internet Crimes Against Children Task Force (ICAC) Resolution 2020-062, appointing Election Judges and fixing compensation for the 2020 Primary Election Resolution 2020-063, approving Liquor License Business Name Change for Chilkoot Cafe to Muddy Paw Cafe Resolution 2020-064, a resolution approving an agreement relating to Landowner Improvements on 309 Laurel Street West Page 9 of 9 MEMORANDUM To: Mayor and City Council .�� From: Shawn Sanders, Directr of Public Works Date: July 16, 2020 s Subject: South Main Street Retaining Wall DISCUSSION: Last summer, the limestone rock slope adjacent to the Main Street steps began to show signs of failure. Upon investigation, it was observed the limestone surface was shifting to the point where section of the rock face was collapsing. The collapsing rocks posed a threat to the integrity of the remaining rock face and existing sanitary and storm sewer main adjacent to the Main Street steps. Staff worked with a contractor and geotechnical engineer, in the removal of the loose limestone down to a solid rock surface in order to construct a retaining wall to protect the rock slope from failing as well protecting the sanitary sewer and storm sewer mains. Options for a wall included a segmental block or a poured in place concrete wall form -lined to resemble a stone wall. Bids were received with the segmental wall provided the best price constructed, the surface of the wall was to be stained a color that match the existing stone walls on either side. Upon review of the wall by IHPC, they recommended that the wall be faced with a natural stone in order to match the character of the surrounding area, rather than the original plan of staining the surface of the retaining wall. In working with the contractor who constructed the wall they were able to find a natural stone similar in size and color and provided a quote for $56,160.00 for the labor and material to construct a stone faced wall a for the South Main Street Retaining Wall Project. The project would be paid form the Capital Reserve Fund. RECOMMENDATION: Staff recommends Council approve the quote from George Siegfried Construction Company for the construction of a stone faced wall in the amount of $56,160.00 ACTION REQUIRED If Council agrees with the recommendation that a should pass a motion approving the quote for the construction of the stone faced wall from George Siegfried Construction Company and approve the release of funds form Capital Reserved to pay for the project. Memo DATE: July 14, 2020 TO: Mayor and City Council FROM: Sharon Provos, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for Address Acct 1 Pipe Burst From 180,000 2nd 311 3rd St S 10675 To 5,000 2 Leaking Toilet From 33,000 2nd 1221 3rd St S 10866 To 8,000 3 Leaking Toilet From 69,000 2nd 1306 5th St S 11042 To 62,000 4 Leaking Toilet From 91,000 2nd 123 Myrtle St W 11131 To 17,000 5 Ran Water - Prevent Freeze From 24,000 2nd 1123 Linden St W 5671 To 15,000 6 Leaking Toilets From 20,000 2nd 1419 Lookout St 7012 To 11,000 7 Softener Malfunction From 96,000 2nd 600 Northland Ave 7891 To 15,000 8 Furnace Humidifier Malfunction From 24,000 2nd 2172 Oak Glen 8915 To 13,000 Crescent 9 Furnace Humidifier Malfunction From 23,000 2nd 711 1st St S 10614 To 8,000 10 Leaking Toilet From 43,000 2nd 910 Eagle Ridge Trl 9232 To 10,000 11 Leaking Toilet From 28,000 2nd 415 William St S 5119 To 8,000 12 Leaking Toilet From 29,000 2nd 230 Pineridge Lane 9517 To 16,000 13 Water Leak From 22,000 2nd 111 William St S 5886 To 3,000 14 Leaking Toilet From 33,000 2nd 1025 McKusick Rd 9364 To 7,000 Ln N 15 Ran Water - Prevent Freeze From 33,000 2nd 1510 Olive St W 7065 To 4,000 16 Leaking Toilets From 103,000 2nd 3347 Millbrook Cir 100713 To 26,000 17 Leaking Toilets From 76,000 2nd 112 Greeley St N 5802 to 22,000 18 Ran Water - Prevent Freeze From 21,000 2nd 1119 Linden St W 5673 To 10,000 19 Ran Water - Prevent Freeze From 27,000 2nd 1439 Lydia Cir 9642 To 10,000 20 Leaking Toilet From 23,000 2nd 225 Chestnut St W 11105 To 8,000 Jll!r FHE 6 I R T H P I A [. E OF MINNESOTA PLANNING REPORT TO: City Council REPORT DATE: June 26, 2020 MEETING DATE: July 17, 2020 CASE NO.: 2019-63 REQUEST: Consideration of a Resolution Acknowledging and Affirming the Special/Conditional Use Permit Conditions for the Stills located at 217 2nd Street North REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION During construction of the Hotel Crosby, Midnight Real Estate LLC acquired the property at 217 2nd Street North to be used as a construction headquarters. After the opening of the Hotel Crosby, the building was converted from the office space into a mixed use building where guests of the hotel were permitted to utilize the building for private events. The conversion included the installation of a 20.7' by 30' raised patio and asphalting the back (easterly) portion of the property. In December, 2019, the Planning Commission granted a Special/Conditional Use Permit to Midnight Real Estate LLC to operate The Stills in conjunction with the Crosby Hotel. A condition of approval is that the lots would be combined so that business operations were of The Stills use permit would be used in conjunction with Hotel Crosby. However, combination of the lots proves difficult since the two different properties are in two different (tax increment) financing districts. City Attorney Kori Land has advised the Council's adoption of a Resolution acknowledging and affirming the use requirements and recording said Resolution against both properties will suffice. RECOMMENDATION Staff recommends approval of the enclosed Resolution, affirming and acknowledging the use permit requirements. Attachments: Resolution Site Location Map cc: Anne Loff, Midnight Real Estate LLC RESOLUTION 2020 A RESOLUTION ACKNOWLEDGING AND AFFIRMING THE SPECIAL/CONDITIONAL USE PERMIT CONDITIONS FOR THE STILLS LOCATED AT 217 2ND STREET NORTH CASE NO. 2019-63 WHEREAS, Midnight Real Estate, LLC, submitted a request for a special/conditional use permit to operate The Stills, a multi -use facility with shared office, private event rental, and outdoor patio on property at 217 2nd Street North, legally described on Exhibit A; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for The Stills special/conditional use permit for the multi -use facility on December 19, 2019; and WHEREAS, the Planning Commission granted conditional approval of The Stills special/conditional use permit; and WHEREAS, a condition of approval requires The Stills property to be used in conjunction with and exclusive to the Hotel Crosby located at 232 Main Street North, legally described on Exhibit B. The approval conditions requires the property owner to combine the properties to ensure transfer of a third party does not occur without the City's review and approval of the use transfer; and WHEREAS, legal combination of the two properties would be difficult given they are in two separate Tax Increment Financing taxing districts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby acknowledges and reaffirms that The Stills special/conditional use permit must be used in conjunction with the Crosby Hotel. NOW THEREFORE BE IT FURTHER RESOLVED, that condition 14 of the permit approval requiring that the lots be combined is no longer required and is of no further force or effect. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of July, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description All that part of Lot 6, Block 18, Original Town (now City) of Stillwater, according to the recorded perfected plat thereof filed March 19, 1981, as Document No. 416049, Washington County, Minnesota, more particularly described as follows, to wit: Beginning at the Northwesterly corner of said Lot 6; thence Easterly along the Northerly line thereof 100.00 feet; thence Southerly, parallel with the Westerly line of said Lot 6, a distance of 30.95 feet, more or less to the Northerly line of Commercial Alley, as the same is described in Book "V" of Bonds, Page 474, in said Office of the County Recorder; thence Westerly along said Northerly line 99.98 feet, more or less, to said Westerly line of Lot 6; thence Northerly along said Westerly line 32.32 feet, more or less, to the point of beginning. Washington County, Minnesota Abstract Property EXHIBIT B The following Legal Description is as shown on Commercial Partners Title, LLC as agent for Old Republic National Title Insurance Company Title Commitment No. 51 792, dated July 28,2016. PARCEL 1 All that part of Lots 2, 3, 4, 5, 6 and 8 of Block 18 of the Original Town, now City of Stillwater, Washington County, Minnesota, more particularly described as follows, to wit: Beginning at the Northeasterly corner of Lot 2, Block 18, Original Town of Stillwater, Washington County, Minnesota, thence Westerly along the Northerly line of said Lot 2 for 50.0 feet; thence Southerly and parallel with the Westerly line of sald Lot 2 for 10,0 feet; thence Westerly and parallel with sald Northerly line of Lot 2 for 100.0 feet to said Westerly line of Lot 2; thence Southerly along said Westerly line of Lot 2 for 40.0 feet to the Southwesterly corner thereof; thence Easterly along the Southerly Ilne of said Lot 2 for 125.0 feet to the Northwesterly corner of the Easterly 25.0 feet of Lot 3 of said Block 18; thence Southerly along the Westerly line of said Easterly 25.0 feet of Lot 3 and along the Easterly line of the Easterly 25.0 feet of Lot 4 of said Block 18 for 100.0 feet to the Northerly line of Lot 5 of said Block 18; thence Westerly along said Northerly line of Lot 5 for 15.0 feet; thence Southwesterly In a straight line to a point in the South line of said Lot 5, said point being 93.0 feet Easterly from the Southwesterly corner of said Lot 5, as measured along said Southerly line of Lot 5; thence Easterly along sald Southerly line of Lot 5 for 7.0 feet; thence Southerly and parallel with the Westerly line of Lot 6 of said Block 18, for 32,0 feet; thence Easterly and parallel with the Northerly Ilne of said Lot 6 for 50.0 feet to the Easterly line of said Lot 6; thence Northerly along said Easterly line of Lot 6 for 1.56 feet, more or less, to its intersection with a Ilne drawn Easterly and parallel with the Northerly line of Myrtle Street from a point in said Westerly line of Lot 6, said point being 18.0 feet Northerly, as measured along said Westerly line of Lot 6, from the Southwesterly corner of said Lot; thence Easterly and parallel with said Northerly line of Myrtle Street for 66.0 feet to a point 84.0 feet Westerly of the Westerly line of Main Street, as measured along said line parallel with Northerly Ilne of Myrtle Street; thence Northerly and parallel with said Westerly Ilne of Maln Street for 52,7 feet to its intersection with a line drawn parallel with and 434.0 feet Northerly of said Northerly line of Myrtle Street; thence Easterly and parallel with said Northerly line of Myrtle Street and 434.0 feet Northerly therefrom for 84,00 feet to said Westerly line of Main Street; thence Northerly along said Westerly line of Maln St, for 100.35 feet to a point in sald West line of Main Street, said point being 534.35 feet Northerly from said Northerly Ilne of Myrtle Street, as measured along said Westerly line of Main Street, thence Westerly and parallel with the Southerly line of Mullberry Street for 150.0 feet to the Easterly line of said Lot 3 of Block 18; thence Northerly along said Easterly line of Lot 3 and along the Easterly line of said Lot 2 for 75,84 feet to the point of beginning. EXCEPT the following described property: All that part of Lot 2, Block 18, of the Original Town (now City) of Stillwater, Washington County, Minnesota, described as follows: Beginning at the Northeasterly corner of Lot 2, Block 18, Original Town of Stillwater as surveyed and platted, thence Westerly along the Northerly Ilne of said Lot 2 for 50 feet; thence Southerly and parallel with the Westerly Ilne of said Lot 2 for 10 feet; thence Westerly and parallel with said Northerly line of said Lot 2 for 100 feet to said Westerly Ilne of said Lot 2; thence Southerly along sald Westerly Ilne of said Lot 2 for 40 feet to the Southwesterly corner thereof; thence Easterly along the Southerly Ilne of said Lot 2 to the Southeasterly corner thereof; thence Northerly along the Easterly line of said Lot 2 to the point of beginning. "as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1978." Washington County, Minnesota Torrens Property PARCEL 2 The West 125 feet of Lots 3 and 4, Block 18 of the Original Town, now City of Stillwater, Washington County, Minnesota. Abstract Property Jll!r FHE 6 I R T H P I A [. E OF MINNESOTA PLANNING REPORT TO: REPORT DATE: MEETING DATE: APPLICANT: LAND OWNER: REQUEST: LOCATION: ZONING: PREPARED BY: City Council July 17, 2020 July 21, 2020 Bruce McLean Michael Givens representing Mikden of Stillwater LLC CASE NO.: 2020-30 An Appeal to a Planning Commission Special Use Permit denial for outside sales of storage sheds 2001 Washington Avenue BPC — Business Park Commercial Abbi Wittman, City Planner INTRODUCTION In a June public hearing, the Planning Commission heard a request from Bruce McLean to display and sell Premier Structure's portable sheds in the parking lot of 2001 Washington Avenue, the former Herberger's site. The sheds would be placed in the southern and eastern edges of the parking lot, on the north side of the storm pond. While the total number of sheds has not been indicated, one of the sheds is proposed to be used as a business office. Property View from Frontage Road West (Google — August, 2018) The Planning Commission denied the application's request, stating outside sales would be limited while —in the winter months — the use is storage and not permitted in the BP-C zoning district. Case no. 2020-20 Page 2 SPECIFIC REQUEST Consideration of a Special Use Permit for outside sales of storage sheds. ANALYSIS Section 31-325, Allowable Uses in Non -Residential Districts, indicates that "outside sales or special events8" are allowed by Special Use Permit in the BP-C Zoning District. The footnote reads: "These uses may be approved directly by the city council if the event is a one-time special event not occurring on a regular basis." Section 31-325 indicates that "outside storage" is not allowed at all in the BP-C Zoning District. So the question to be considered by the City Council is whether the proposed outside display and sale of storage sheds is more similar to "outside sales or special events" or "outdoor storage". City staff is split on the interpretation. On the one hand, if stock is permanently displayed outside, it surely could be considered outside storage and not be dissimilar from a lumber yard — which would not be allowed in the BP-C district. On the other hand, how do you offer sales outside if you don't store the stock there? The Planning Commission, too, understood this dichotomy. Special Use Permit If the City Council finds the proposed use to be allowed by SUP, then it should be reviewed against the parameters found in City Code Section 31-207, Special Use Permits. The proposed structure or use conforms to the requirements and the intent of this [Zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Zoning Code Generally speaking, there is very little outside sales in Stillwater's Business Park. The zoning code allows for outside sales or special events but Special/Conditional Use Permit but specifically excludes other similar uses (automobile sales, warehousing and outside storage). Where outside sales have been permitted, the sales have been accessory or incidental to sales within the primary structure (such as at gas stations or retail locations) or temporary (garden centers). To staff's knowledge, this is the first request for outside sales in the parking lot of a vacant building. Comprehensive Plan Comprehensive Plan Chapter 7, Economic Development, identifies the city shall "encourage mixed use development along the Highway 36 corridor". While the large parking lot can accommodate these retail items, Special/Conditional Use Permits run with the land. Outside Case no. 2020-20 Page 3 sales in this location, in areas designated as parking for the retail building, would reduce the overall total parking spaces on the site. This could place the existing building's future use in noncompliance with the City's parking regulations, reducing the site's future redevelopment options. Public Welfare In staff's review of the request, there are some concerns to note: • Though situated along the HWY 36 Frontage Road and accessed off of Washington Avenue, the overall site and the designated sales area is not clearly visible from any street. Lower visibility, combined with low to no parking lot lighting could result in the site becoming an attractive nuisance. Additionally, the request proposes no signage for the business. The places a burden on the business owner's ability to attract customers. • Since the closing of Herberger's in the fall of 2018, the City has received 115 total calls to the site. While 2/3 of these calls have been associated with the building's (questionably faulty) alarm system, nearly 30 calls have been associated with suspicious persons/activity, burglary, and abandoned vehicles. In review of calls going back five years, the site would receive less than five calls of a similar nature per year. Miscellaneous Items The applicant has indicated he has had a similar business in New Richmond, Wisconsin. In discussions with their planning staff, they advised there was no known complaints with the applicant's business though the applicant was not always onsite. Planning staff did note having a detailed and specific site, parking and signage plan should be required. Additionally, Building Official Cindy Shilts has advised a storage shed cannot be used as an office without coming into compliance with adopted building, accessibility and energy codes. POSSIBLE ACTIONS The City Council has the following options: A. Approve the requested use permit and associated variances with the following conditions: 1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in Minnesota Statue Section 462.3595. 2. Plans shall be substantially similar to those found on file with CPC Case No. 2020- 20, except as modified by the conditions herein. 3. All sheds will be locked during non -daylight hours. 4. The applicant will submit a detailed site plan showing the location of each individual shed, noting the total number of sheds to be onsite at one time, and customer parking. 5. The site shall be developed in accordance with the accepted site plan. 6. The business shall be allowed to have signage in accordance with a property -owner submitted and city approved sign plan for the property. Case no. 2020-20 Page 4 7. All signage shall be in accordance with the City's Sign Code. 8. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. B. Deny the requested use permit. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION While activating a vacant property is desired, doing so with outside sales on a permanent basis may not be a good solution. Coupled with the fact the City's allowance of outside sales has historically been to allow for them incidental to the primary use of the property, staff does not think the request conforms to the requirements of the zoning code. The Planning Commission concurred with this assessment, stating the use was appropriate for seasonal sales but that, in the winter months, the use would be considered as outside storage and not permitted. Therefore, staff recommends denial of the application. Attachments: Email Request Site Location Map Original Narrative Request Site Plan cc: Bruce McLean Michael Givens 1675 1650 Fes. ;'' 0 Fr. [ / r ; 1754 i r G ,� ► ,r 1 4 gg gggg 0 Ea p e -Stlllwatersp 200 1950 11 _ r _ : t,rry. it oI,.. fir;`'. _,t- t' - F of The Birthplace WE of Minnesota S �.. - L . - M 18r _ 59 _ - [ — a 1901 �4r J 1815; 1826 ar F¢1-14 -- • 2000 3 "• ,� __ r = ii 90: +0 ® 00 I Site Location I/ r 12;1Ii5 n 2001 Washington Ave TOWER DRIVE a , ram_;- -W _. _ — - � - -1 IE — air 1-4 A F �846rt �, t , 2251 —_.. 1719 1715i s cP w _ zi 00Q', i 2001 > 0 185 370 740 Feet c°2 1759 Q �9,. 7` n z General Site Location 1970 .�, 1 5 1 '! -,, 00 °. 219U r i Lii II9 III� l �•,_� - 050 T750000 .. r \I /1 • , ., w �� er y-+ e Y O - J Ids .� -TE HI WAYiTIff=_ A. i 13375 13435IM9f--1 = two �I. . a .....m.-.... mp. i 13575 13601 13613 13625 5951 5950 '"� �' �ci�t►��--�. ••,�I;: u .t2m y. = a \- From: Bruce Mclean To: Abbi Wittman Subject: Re: Appeal Public Hearing Date: Wednesday, July 08, 2020 12:08:10 PM RECEIVED! Abbi, do you think it would help my chances if I had both the property owner and the Director of the 4 state district join as well. I am hoping to demonstrate 3 things, 1. This company does over a billion a year in sales. The lot will be managed professionally and in accordance with strict corporate standards. 2. We are all aware that the properties "highest and best use" would change immediately should that opportunity arise. We are 100% portable and can shift on site or vacate the site completely should that opportunity arise. The Lease reflects that. The Owner is a major player in the property arena and has its " highest and best use" at the for -front of every decision made. 3. The lot by corporate directive will be Operated 12 months a year! Sales slow in January and February but we sell and deliver buildings all 12 months per year. Bruce McLean 612-812-1524 On Wed, Jul 8, 2020 at 8:44 AM Abbi Wittman <awittman@ci.stillwater.mn.us> wrote: Bruce: We have been able to schedule your City Council appeal request for Tuesday, July 21st at 7:00 pm. This will be an electronic meeting that you should attend. You can either call in or participate online through Zoom. We will again send you details of the meeting by hardcopy mail (approximately a week before the meeting) as well as by email on the Friday prior to the meeting. Please do not hesitate to contact me if you have any questions. Abbi Jo Wittman, City Planner rn� a.o 21 P: 651-430-8822 1 F: 651-430-8810 h Street North, Stillwater, MN 55082 Flocelved MAY 2 7 2020 Community Development Department May 22, 2020 Dear Abbi Wittman Please accept this attached application and required fee, thank you for your consideration. The desired use is to sell Premier portable sheds. This Company offers sheds in 34 States. The sheds are engineered to standards, that meet and exceed requirements of the thousands of communities that purchase and enjoy Premier Structures. www.buildingsbypremier.com I will work with the property owner Michael Givens, and the City, to establish and present the buildings in the most attractive possible fashion. I intend to utilize the south end of the parking lot to display the building Sales occur year around however, this is primarily a warm season business, even in the busy season it might be reasonable to expect as few as 5 or 10 customers per day. One of the buildings will be designated as an office. Any business will be conducted out of that building. The effect on other business will be negligible as we won't be impeding any sight lines and have very little traffic, I would expect to augment businesses close by as we will be a positive presence. Please call me with any questions Bruce McLean 612-812-1524 Sincerely, Photo of Herberger's from Google Earth. DRAFT ORDINANCE AN ORDINANCE REPEALING ARTICLE XIII OF THE CHARTER OF THE CITY OF STILLWATER REGARDING THE BOARD OF WATER COMMISSIONERS The City Council of the City of Stillwater does ordain: SECTION 1. REPEALER. Article XIII of the Stillwater City Charter is hereby repealed. SECTION 2. MANAGEMENT. The management of the system of waterworks shall, upon the effective date of this Ordinance, be under the management and control of the city. SECTION 3. CONTINUATION OF BOARD. The members of the Board of Water Commissioners shall continue in an advisory capacity to the city as a part of the Utilities Commission of the city and shall carry out the duties and responsibilities as stated in the City Code. SECTION 4. SUCCESSION IN INTEREST. The City Council shall succeed in interest to all property, rights and privileges, all contracts, legal obligations and liabilities entered into pursuant to Article XIII of the City Charter and all work begun prior to the effective date of this Ordinance, which shall be continued, carried on and completed by the City Council. SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective January 1, 2021. Approved this Publish: Stillwater Gazette — day of , 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ORDINANCE AN ORDINANCE AMENDING CHAPTER 1, ARTICLE V, SECTION 5.06 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING HOLDING OTHER OFFICES The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Chapter 1, Article V, Section 5.06 of the City Code, Holding Other Offices is hereby amended as follows: No member of the Council shall hold any other City employment or employment, by the Water Board or be a member of the Library Board. Neither may any Councilmember be elected or appointed to any office created nor the compensation of which is increased by the Council while a member thereof until one year after the expiration of the term for which the member was elected. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective January 1, 2021. Approved this Publish: Stillwater Gazette — day of , 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ORDINANCE AN ORDINANCE AMENDING CHAPTER 22, SECTION 22-8 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING BOARD/COMMISSION ADMINISTRATION The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT, Chapter 22, Section 22-8 of the City Code, regarding Board/commission administration is hereby amended as follows: Subd. 1. City council representative (liaison). The City Council shall assign a Council Representative (liaison) to boards and commissions at its first meeting in January. Representatives are assigned to the following boards/commissions: Boefel-ofat Utilities Commission Downtown Parking Commission Heritage Preservation Commission Human Rights Commission Library Board Joint Board (Stillwater Township & Joint Cable Commission Ward 3 Council member & Mayor) Park and Recreation Commission Planning Commission Other Organizations: Convention & Visitors Bureau Fire Relief Association Middle St. Croix Watershed Management Organization Subd. 2. The mmissionersUtilities Commission, Library Board, Joint Cable and Charter Commissions, and Traffic Safety Committee voting members must be residents of the city. Subd. 3. Every appointed member, including .:Utilities Commission, Library Board, Joint Cable and Charter Commissions, and Traffic Safety Committee member shall, before entering upon the discharge of their duties, sign an oath that they will faithfully discharge the duties of their office and shall serve without compensation. Subd. 4. Official record. The written and adopted minutes are the official record for the board/commissions. All boards/commissions meetings shall be video or audio recorded and retained according to the city's adopted records retention policy. The commission shall approve summary minutes with detailed motions and have a roll call vote on each motion. The minutes shall be signed by the Chair of the Commission. If there is a question on the summary minutes (example: interpretation of what was said and summarized), the minutes shall be tabled and the chair shall direct the city clerk or their designee to review the video or audio to ensure that the official minutes are correct according to the audio/video of the meeting. The city clerk will provide the commission with any changes necessary to the board/commission for official approval. The city clerk's decision is final. Subd. 5. Adoption of a program of work. The board/commission shall proceed with the preparation and adoption of a program of work outlining activities proposed to be undertaken in the exercise of its powers and the performance of its duties. This program of work shall be revised not less than annually and progress on the program shall be included in the annual report to the city council. The commission chair or board/commission's staff designee shall submit to the city council a report of its work during the preceding year during the second quarter of the current year. Subd. 6. Program assistance. To accomplish the intent and purpose of this section, the city shall provide the commission with staff support. Subd. 7. The Utilities Commission, Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions are subject to the following: (l) Members. JUliliiies Commission shall consist of five members. who serve three year terms to be appointed by the city council. The council representative and the Public Works Director or designee shall be ex officio. nonvoting members of the commission. Voting members shall be residents of the city. Downtown Parking Commission consists of seven members, who serve three year terms. Members may be downtown business owners, building owners or residents of the city to be appointed by the city council. The council representative and Formatted: Font: Italic Formatted: Font: (Default) Times New Roman, 12 pt Community Development Director or Police Chief of the city shall be ex officio, nonvoting members of the commission. Heritage Preservation Commission consists of seven voting members with one member being a representative from the local historical society to be appointed by the city council. The council representative and the Community Development Director or staff designee shall be ex officio, nonvoting members of the board or commission. Voting members shall be residents of the city. Human Rights Commission consists of seven voting members, one of which may be a youth representative, to be appointed by the city council. The council representative be an ex officio, nonvoting member of the commission. Voting members shall be residents of the city. Park and Recreation Commission shall consist of seven voting members to be appointed by the city council. The council representative and the Public Works Superintendent shall be ex officio, nonvoting members of the commission. Voting members shall be residents of the city. Planning Commission—* shall consist of seven voting members to be appointed by the city council. The council representative and Community Development Director or staff designee shall be ex officio, nonvoting members of the board or commission. Voting members shall be residents of the city. *The cur'r<c lannim,etwornission-Sher1141e veil -edueediAirix-i err be s as the current-otteit rN :. fr ui- aw ►r-Ilty .:tneil Pepresonarive-will-beecome-i-v.wing•membeF, (2) Term. All appointments shall be for staggered terms of three years. All terms end on the first day of May in the year in which they expire. In the event of a vacancy, except that any person appointed to fill a vacancy occurring prior to the expiration of the term, which their predecessor was appointed, may be appointed only for the remainder of the term. Upon expiration of their term of office, the member will continue to serve until their successor is appointed and qualified. Any vacancy for the unexpired term shall be filled according to Subd. 3 of this section. Members shall continue to hold office until their successors have been appointed and qualified. (3) The Human Rights Commission youth representative will serve a one-year term (September 1 to August 31). Appointment. All applicants (including incumbents providing a written request for reappointment) shall be interviewed by the council representative, the chair of the commission and the mayor or council member requested by the council representative ("interview panel"). If the chair is due for reappointment, the interview will be held by two members of council. A recommendation on appointment or reappointment from the interview panel will be given to the city clerk for placement on the council agenda for consideration. It is a goal, but not a requirement, that all wards of the city have commission representation to further the policy of the city council that representation on city commissions/boards be balanced. (4) Organization. At the first meeting in May, commission members shall nominate a chair and vice -chair from among its appointed members and vote on the nomination. The chair and vice chair's term will be for one year. The chair or vice chair must: a. Preside over meetings of the commission. b. Appear or appoint a representative to appear as necessary before other city advisory commissions and the city council to present the view point of the commission on matters pertaining to their commission subject matter as they relate to business under consideration by the commissions or city council. c. Act as the liaison with other governmental and volunteer units in matters relating to the subject function of the commission for the purpose of obtaining and providing timely information. (5) The commissions shall hold at least one regular meeting each month. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment identifies the transition of the Water Board into the Utilities Commission and expands it from 3 to 5 members. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective January 1, 2021. Approved this day of , 2020. Ted Kozlowski, Mayor ATTEST: Publish: Stillwater Gazette — Beth Wolf, City Clerk ORDINANCE AN ORDINANCE AMENDING CHAPTER 28 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING WATER DEPARTMENT The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Chapter 22, Section 22-8 of the City Code, Board/commission administration is hereby amended as follows: Chapter 28 - WATER ) PAR UMF,IV•TUTILITY Sec. 28-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Water board means the board of water commissioners. Sec. 28-2. - Water system; rules and regulations. Subd. 1. General water regulations. Thelortrd-Rf-water-l4nmissienerseity may discontinue service to any water consumer without notice for necessary repairs or upon notice for nonpayment of charges or for violation of water department rules and regulations. Subd. 2. Supply from one service. No more than one house or building shall be supplied from one service connection eee1lmissten-1al'the wi ter-besrdun less approved b1' Public Works Director or designed.. Whenever two or more parties are supplied from one pipe connecting with a service main, each building or part of a building separately supplied shall have a separate stop box and a separate meter. Subd. 3. Turning on water; tapping mains. No person except an authorized-water--boardcityy employee shall turn on any water supply at the stop box or tap any distributing main or pipe of the water supply system. Subd. 4. Subd. 5. Repair of leaks. The consumer or owner shall be responsible for maintaining the service pipe from the water main into the building served. If the consumer fails to repair any leak in a service pipe within 24 hours after notice by the city, the city may turn the water off. When the waste of water is great or damage is likely to result from the leak, the city shall turn the water off immediately upon the giving of notice if repair is not commenced immediately. Use of fire hydrants. No person other than an authorized water boardcity employee or fire department employee shall operate a fire hydrant or interfere in any way with the city water system without first obtaining permission from the board of water commissioner city. Formatted: Font: (Default) Times New Roman, 12 pt, Not Highlight Formatted: Font: (Default) Times New Roman, 12 pt, Not Highlight Subd. 6. Private water supply. No water pipe of the city water supply system shall be connected with any pump, well or tank that is connected with any other source of water supply. When any such connection is found, the water boardcity shall notify the owner to sever the connection, and, if this is not done immediately, the water boardcity shall turn off the water supply. Before any new connection to the city system is permitted, water boardcity employees shall ascertain that no cross connection will exist when the new connection is made. Subd. 7. Hours. Whenever the water--hoardcity council determines that a shortage of water supply threatens the city, it may, by resolution, limit the times and hours during which city water may be used for sprinkling, irrigation, car washing, air conditioning or other specified uses. After publication of the resolution, no person shall use or permit water to be used in violation of the resolution, and any customer who does so shall be guilty of a misdemeanor. If the emergency requires immediate compliance with terms of the resolution, the city council may provide for the delivery of a copy of the resolution to the premises of each customer and any customer who has received such notice and thereafter uses or permits water to be used in violation of the resolution shall be subject to the above charge. Continued violation shall be cause for discontinuance of water service. Subd. 8. Meters required. Except for extinguishing of fires, no person other than an authorized water boardcity employee shall use the water from the city water supply or permit water to be drawn therefrom unless the water passes through a meter supplied or approved by the water -bear -deity. No person not authorized by the water shall connect, disconnect, take apart or in any manner change or interfere with any such meter or its use. Subd. 9. Maintenance. The water-boardcity shall maintain and repair at its expense any through one -inch sized meter that has become unserviceable through ordinary wear and tear and shall replace it if necessary. Where repair or replacement is made necessary by act or neglect of the owner or occupant of the premises it serves, any expense caused thereby shall be a charge against and collected from the water consumer, and water service may be discontinued until the cause is corrected and the amount charged is paid. Subd. 10. Complaints; meter testing. When a consumer complains that the bill for any past service period is excessive, the city shall have the meter reread on request. If the test shows an error exceeding five percent of the water consumed, the excess charges shall be refunded, an accurate meter shall be installed and the bill shall be adjusted accordingly. The adjustment shall not extend back more than one service period from the date of the written request. Subd. 11. Meters property of water boardcity. Through one -inch water meters shall be the property of the water city and may be removed or replaced as to size and type when deemed necessary. Subd. 12. Meter reading and inspection. Authorized meter readers shall have free access at reasonable hours of the day to all parts of every building and premises connected with the water supply system in order to read meters and make inspections. Subd. 13. Plumbing regulations; service fees. Every service pipe shall be laid with sufficient bend to allow not less than one foot of extra length as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below the surface and be so arranged as to prevent rupture by freezing. A shutoff valve of the size and strength required shall be placed close to the inside wall of the building and be well protected from freezing. Copper tubing shall be used for all services of two inches or less. Joints on copper tubing shall be as few as possible and not more than one joint shall be used for a service up to 40 feet in length. Each joint shall be left uncovered until inspected by the water--beardcity. Every service over two inches shall be cast iron. Connections with the mains for domestic supply shall be at least three -fourths of an inch per residential unit or the equivalent. Subd. 14. Water meter setting. Every water meter shall be installed according to regulations set by the water-beardcity. Subd. 15. Fees. The permit fee for connection to the city water system must be paid for each connection in the amount established by the city council. following a rccwtnnendation by the Utilities Commission. or the-board-o water commissio*ie -by resolution. 1n addition, before any permit is issued, the following conditions must be satisfied: (1) No permit may be issued to connect with any water system of the city directly or indirectly from any lot or tract of land unless the naatlage+-of-the-water-i oardPublic Works Director or designee has certified: a. That the lot or tract of land has been assessed for the cost of construction of the water main, trunk or water tower with which the connection is made; or b. If no assessment has been levied, that a sum equal to the portion of cost of constructing the sanitary sewer main or trunk which would be assessable against the lot or tract has been paid to the city. Subd. 16. Immediate connection required. Any building within the city which has available to it city water services must be connected to the city water system if and when they connect to the city sewer system, or upon a sale or transfer of title to the property. Any new building built within the city which is on property that has city water service available must have its plumbing facilities connected to the water system upon construction. Sec. 28-3. - Protection of waterworks. Subd. 1. Placement of noxious substances in system. It shall be unlawful for any person to put any noxious substance in the waterworks system. Formatted: Font: (Default) Times New Roman, 12 pt / Subd. 2. Breaking, injuring or defacing parts of system. It shall be unlawful for any person to willfully or careless break, injure or deface any part of the waterworks. Subd. 3. Opening hydrants. It shall be unlawful for any person other than the Iso"voard--of-waterF 'er eo oigis ione r-their-t>freers-and--empioveescity employee, or chief of the fire department and his subordinates while in the performance of their duties to open any of the public hydrants of the system of waterworks, or to take any water from hydrants for any purpose. Subd. 4. Subd. 5. Tapping; making connections. It shall be unlawful for any person other than the -beard of -water eommissioners;-theirof seers-andcity employees to tap or make any connection with any pipe or street main or other appurtenances belonging to the system of waterworks. This prohibition-does-not-per4ainlo-d eity-public-works depa#Ffttentwith regard-to-taps-o-water-systems-of-up-to-tvve-inches: Use ofwater for purposes not designated in licenses. It shall be unlawful for any person, having a license to use water from the system of waterworks, to use, waste or suffer to be used by others, the water therefrom for any purpose other than that designated in the licenses. Subd. 6. Right of entry by water boardcity. The anti -their -officers andcity employees shall be authorized to enter into and have full access to any premises, at all reasonable hours and when necessary to ascertain the elevation or condition of any hydrant tap or pipe, or other fixture or appurtenances connected with the waterworks system. It shall be unlawful for any person to prevent or prohibit or obstruct the bmrd-of- water-tmm►ssioners. or arty-o1=its: ellieersandcity employees, in the legitimate discharge of their duties. Subd. 7. Use of hydrants by fire department. The fire department of the city shall at all times have the liberty without charge to use water from the fire hydrants of the system of waterworks for the purpose of washing, cleansing or testing fire equipment. Subd. 8. Enforcement of section; reporting of violations. It shall be the duty of the police officers of the city to enforce the provisions of this section -and -to- report -all --violations-fa-the boarr sl-watePeommi,sieners. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The Ordinance amendment transitions the day to day operations of the water utility to the city employees. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective January 1, 2021. Approved this Publish: Stillwater Gazette — clay of 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 2020 Events Event Date(s) Event Status of Event August Every Saturday Every Tuesday 8/5 & 8/19 September Every Saturday 9/2, 9/16 & 9/30 9/4 - 9/7 October Every Saturday 10/3-10/4 10/10 - 10/11 Update: Farmer's Market Summer Tuesdays Drive-in Cruisin' on the Croix Car Show Farmer's Market Cruisin' on the Croix Car Show Lift Bridge Brewery Mini -Donut Beerfest Farmer's Market Rivertown Art Festival - possible event Harvest Fest - possible event approved - essential business approved under Executive Order approved - essential business approved - essential business Lift and Loop Celebratoin - postponed to 2021 Relay for Life - moved to Zephyr Theatre Haunted History Trolley Tours - postponed to 2021 Excerpt from MN Governor's Emergency Executive Order 20-74 on Events 6. Activities outside of the home. Mindful that we must continue to limit social interactions to protect public health, individuals may leave their homes for activities, subject to the requirements and guidelines set forth below. These requirements may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans. Clarifications will be available for public review at the State's COVID-19 website. c. Social gatherings. All indoor social gatherings of more than 10 people and all outdoor social gatherings of more than 25 people are prohibited, except as set forth below. Social gatherings are groups of individuals, who are not members of the same household, congregated together for a common or coordinated social, community, or leisure purpose —even if social distancing can be maintained. This prohibition includes planned and spontaneous gatherings as well as public and private gatherings. Prohibited gatherings do not include commercial activity by workers and customers of Critical and Non -Critical Businesses and Places of Public Accommodation. iv. Drive-in gatherings. To enable safe congregation of people, drive-in gatherings are permitted, provided that all participants remain within their own vehicles and follow the applicable guidance available at the Stay Safe Minnesota website. v. Weddings, funerals, and services. Places of worship, funeral homes, and other venues that offer gathering space for weddings, funerals, or planned services such as worship, rituals, prayer meetings, or scripture studies, may host such weddings, funerals, or services exceeding the limits set forth above, provided that they adhere to the following requirements: A. In all settings, ensure a minimum of 6 feet of physical distancing between households. B. In indoor settings, occupancy must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal, with a maximum of 250 people in a single selfcontained space. C. In outdoor settings, gatherings must not exceed 250 individuals. D. Develop and implement a COVID-19 Preparedness Plan in accordance with applicable guidance available at the Stay Safe Minnesota website 7. Workers and businesses. Workers and businesses are subject to the requirements set forth below. These requirements may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans. Clarifications will be available for public review at the State's COVID-19 website. c. Places of Public Accommodation. Places of Public Accommodation are subject to the following requirements and limitations: i. All Places of Public Accommodation remaining open or opening under this Executive Order must adhere to the requirements set forth in paragraph 7.e of this order, including development and implementation of a COVID-19 Preparedness Plan in accordance with applicable guidance available at the Stay Safe Minnesota website. vi. Restaurants, food courts, cafes, coffeehouses, bars, taverns, brewer taprooms, micro distiller cocktail rooms, farm wineries, craft wineries, cideries, golf courses and clubs, dining clubs tobacco product shops, and other Places of Public Accommodation offering food, beverages (including alcoholic beverages), or tobacco products for on -premises consumption, may provide indoor and outdoor service, provided that they adhere to the following requirements: A. Occupancy of any indoor space must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal, with a maximum of 250 people in a single selfcontained space. B. Occupancy of any outdoor space must ensure that the number of customers at any one time is limited to the number for whom physical distancing of 6 feet can be maintained between tables, not to exceed 250 people. iwater THE BIRTHPLACE OF MINNESOTA 6/19/2020 Kimberly Lamers 1611 2nd Street North Stillwater, MN 55082 Violation #: E/2020-61 Certified Mail: 7019 0700 0001 3664 9500 Dear Ms. Lamers, According to Washington County property records, you are the property owner of: 1611 2nd Street North Stillwater, MN 55082 The City of Stillwater has received a complaint regarding the garbage containers at this property being in public view as well as overgrown grass. During an inspection of your property, on June 16, 2020, the City confirmed that the garbage containers were in fact placed in a location that is in violation of City Code. Additionally, it was noticed that the garbage cans were overflowing, without the lids being secured. Lastly it was noticed that the grass was longer than allowed by city code. In the City of Stillwater, garbage containers must be kept out sight from the public (minus collection times). City Code states: "Sec. 30-3. Subd. 2. (1). Trash and recycling containers shall be stored in an enclosed garage or accessory building. If they are not in an enclosed garage or accessory building, then they must be located behind the front line of the dwelling (on a corner lot this applies to both the front line and the exterior side line) in a location that is screened from view from the street. If not located in an enclosed garage or accessory building, then the screening must either be a wooden privacy fence, vegetation that when mature screens as effectively as a privacy fence, or some other effective permanent screen approved by the City Zoning Administrator. The exception to these standards is that containers may be placed at curbside after 5:00 p.m. the day before the scheduled collection and on days scheduled for collection. The CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us 11wat 'water THE BIRTHPLACE OF MINNESOTA trash and recycling containers shall be made readily accessible to the collector by placing the container at curbside no later than 6:00 a.m. on the day of collection." "Sec. 38.1. Subd. 2. (2) c. Grass or weeds which have grown upon any property to a height of eight or more inches or which have gone to seed." "Sec. 38.1. Subd. 2. (2) q. Privy vaults and garbage cans which are not flytight. It is requested that, by June 26 2020, you please relocate the garbage cans so that they are permanently stored out of view of the public street and that the grass is mowed to a length of 8' or less. Additionally, please ensure that in the future the garbage cans are not overflowing and the lids are able to close. The City will be conducting re -inspections to check for conformance. Failure to correct these violations or request a hearing filed with the clerk within the specified time will result in further action by the city including, but not limited to, fines and/or abatement of the nuisance and charging all costs incurred against the property as a special assessment. Please contact me via email or phone if you have any questions or concerns. Graham Tait Zoning Administrator City of Stillwater 651-430-8818 gtait@ci.stillwater.mn.us This order may be appealed by filing a written request with the City Clerk before the above quoted deadline to make the requested correction(s) or seven (7) days after this letter is dated, whichever comes first. If the violations described in this letter are not corrected or appealed by the specified deadline(s), the City may issue an administrative citation, a criminal citation or abate any nuisances and charge all costs incurred against the property as a special assessment. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us 1611 2nd Street N — June 23, 2020 From: "kimberlyfrancislamers@yahoo.com" <kimberlyfrancislamers@yahoo.com> To: "beth@bwolfci.stillwater.mn.us" <beth@bwolfci.stillwater.mn.us> Sent: Thu, Jun 25, 2020 at 12:08 PM Subject: Violation#E/2020-6 Hello. I am writing this letter to appeal the noncompliant complaint on my property. 1611 2nd St. N. STILLWATER, MN The complaint lists that my garbage is in plain view with the lids showing garbage and not being closed...it also states my garbage should be kept "hidden" other than in my driveway. It also states my lawn is at 8 inches long. Firstly, unbelievable to me that an actual complaint is being filed on my home alone. I took a drive around my block as well as the adjoining first street. Which meets my property's back side. All I see is other neighbors garbage in plain view...NOT HIDDEN. NOT COMPLIANT. Did these neighbors receive the same complaint? No they did not. Because I asked. Clearly I'm being SIGNALED OUT. I have a waste Management lawn garbage bag to collect any debris from our cleaning out our home and renovation of our kitchen. We have been under renovation for the last month and 2 weeks. Now, I'm forced to pay full price of this bag not being"filled" because of this complaint!!! I I Having it moved by this Friday's deadline to be in COMPLIANCE...ISNT FAIR TO ME... THE PROPERTY OWNER TO CORRECTLY REMOVE MY HOME DEBRIS. I have shown several neighbors with garbage as well as you will see another neighbor has TWO WASTE MNGMNT. BAGS ON HIS FRONT LAWN... also been there for months. Clearly, I am being disliked and signaled out. I've grown up in this town, went to high school here. And have lived in this town my whole life. I have never been so insulted and perplexed on where my tax monies go as with this time and complaint!!??? My GRASS??? I have had it mowed 1112??? One week and 1/2 our mower was in Ace hardware.to get fixed. I have the bill to prove this. That was it. Otherwise we mow our front lawn regularly...and mow our back hill on our back property EVERY TWO WEEKS. IF ANYTHING SUFFERS IN MOWING...IT IS OUR ENORMOUS BACK HILL... that faces first street. It is a hard laboring chore that I cannot do...and my father has done it for me in the past years. This is the first year he hasn't been able to do it...so now my 22 year old with aspergers does it for me... which can be challenging cuz he will finish it in 2-3 days. I am a single mother and haven't been working during covid so am here doing the best I can. I feel these complaints just aren't factual enough to me...and are just a complaint of my one out of two neighbors who constantly are badgering me on my lawn...or trees growing over their properties. I have always felt like Stillwater was home, but when this letter came I've felt like I'm more than being signaled out...not wanted. Especially DURING COVID!!!? Non COMPLIANT...TO WHOM??? WHEN EVERYONE ELSE HAS THEIR GARBAGE OUT??? Makes me not want to live here anymore all for the fact that anyone can call and complain on you... especially during these times is just heartbreaking to me. Losing the small town nice and charm I knew it to be when I grew up here. I've lived here since I was seven years old!! I'm appealing all.violations placed on my property because I have addresses and photos.of all my surrounding neighbors who.also have their garbage in their driveways or side of houses where it can be visually seen from the street. My dumpster bag will be picked up this friday. My lawn has never been 8 inches high. Our containers will be hidden this week however, I will be following all my neighbors who are NON COMPLIANT... and asking if they've received this notice as well. If not, I will assumed I'm being signaled out and harassed and will seek legal representation on my rights within my property in the city of Stillwater. Sincerely, Kimberly Francis Lamers 1611 2nd St. No. Stillwater, Mn 55082 651-308-3580 My grass measurements and my current garbage photos Pictures of first and second streets neighboring garbage cans. MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: July 17, 2020 Subject: Downtown Parking Lot Project DISCUSSION: Earlier this month the City requested quotes to be submitted for a parking lot improvement project that included the new lot at Second and Chestnut (Lot 14) and the lot between Chestnut Street and Myrtle Street (Lot 4). The improvement on Lot 14 is on the former Shorty's cleaner site and would have the existing lot milled and overlaid and asphalt added for new stalls where the building stood. Lot 4 is being reconfigured, to replace the diagonal parking with perpendicular and parallel parking. On Friday, July 17, the city received one bid from Miller Excavating in the amount of $115,220.33. Broken down, the cost for Lot 14 was $95,070.41 and Lot 4 amounted to $21,149.92. These parking lot projects are funded by the parking enterprise and were budgeted for 2020. RECOMMENDATION Staff recommends that council approve the quote and award the work to Miller Excavating in the amount of $115,220.92 for the Downtown Parking lot Project. ACTION REQUIRED If Council agrees with the recommendation, they should pass motion approving and awarding the work to Miller Excavating. Washington County 1. 9:00 Roll Call Pledge of Allegiance FYI BOARD AGENDA July 14, 2020 - 9:00 AM 2. 9:00 Comments from the Public 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 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 June 23, 2020, County Board meeting minutes. 4. 9:10 Public Works - Wayne Sandberg, Deputy Director/County Engineer A. 1. Adopt a resolution authorizing the Director of the Public Works Department to enter into contracts for the emergency repairs to County State Aid Highway (CSAH) 12 at Kimbro Avenue. 2. Approve permanent use of fund balance in an amount not to exceed $700,000 from the Road and Bridge Fund 210 to complete the County Road 12 emergency repairs. 5. 9:20 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution in recognition of The Stillwater Gazette celebrating its 150th birthday. B. 1. Adopt a resolution accepting and outlining the Washington County spending plan for the coronavirus relief fund dollars awarded to the county by the State of Minnesota. 2. Adopt a resolution approving the addition of special project, temporary employees, and additional seasonal employees to carry out the county's coronavirus relief fund spending plan. 6. 9:55 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. 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 Washington County is an equal opportunity organization and employer Washington County 7. Board Correspondence 8. 10:10 Adjourn 9. 10:15 Board Workshops with Community Services 10:15-11:00 A. Update on the COVID-19 Hotel Shelter for families and individuals that are experiencing homelessness. 11:00-11:30 B. Report on the Washington County Food Security Unit's efforts in response to the COVID-19 pandemic. 10. 11:30-11:45 Break 11. 11:45 Board Workshops with Public Works 11:45-12:05 A. Discussion on Planning Advisory Commission and Board of Adjustment and Appeals membership. 12:05-12:25 B. Request permission for Washington County to implement a Washington County specific cross- country ski pass beginning in the winter of 2020-2021. 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 Washington County is an equal opportunity organization and employer July 9, 2020 STILLWATER TOWN BOARD MEETING Via Zoom 7:00 P.M. PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Tim Sinclair, Bonnie Haines and Mike McMahon, Clerk Kathy Schmoeckel, Treasurer Marsha Olson and Chief of Police Steve Nelson and Park Manager Kelley Shantz 1. AGENDA - M/S/P McMahon/Haines moved to adopt the agenda as written. (4 ayes) 2. MINUTES - M/S/P Sinclair/'McMahon moved to approve the June 11, 2020 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. ENGINEER - a. 120th Street - Sheila -Marie Untiedt will check for possible flooding on 120th Street and report to the Engineer if work is needed. 4. TREASURER - a. Report given. b. CARES Act - There was discussion of how this would work and possible expenses that might qualify, such as the purchase of Plexiglas shields for the upcoming election. More discussion at a future meeting. c. Checks and Claims - M/S/P Sinclair/McMahon moved to approve the payment of Checks #23240 through #23258. (4 ayes) 5. ELECTION JUDGES - M/S/P McMahon/Haines moved to appoint the following election judges for the August 11 State Primary and the November 3 General Election: Debbie Sinclair, Head Judge, also Kim Gibson, Trevor Gibson, Rosemary Ranalla, Julie Wasser, Deanna Buzicky, Helen Olsen, Robert Geisen, Elaine Bartholmy, Vicky Turchiniak, Barb Riehle, John Hageman and Gail Anderson. (3 ayes, Sinclair abstain) 6. PARK COMMITTEE - The Park Committee visited Little Carnelian Park and the Victory Pass Trail at their recent meeting and made a note of the work that needs to be done. They will be asked to look at other Parks and Trails at future meetings. 7. PARK MANAGER - Park Manager Kelley Shantz had done some research on possible replacements for damaged trash receptacles. M/S/P McMahon/Haines moved to approve the purchase of replacement receptacles for an amount not to exceed $500.00. (4 ayes) 8. CHIEF OF POLICE - a. Report given. There were 16 burning permits in June. No dogs were impounded. There was only one bear sighting. There were 111 calls in June, mostly related to parking on Orwell. Tickets were issued and the situation has settled down. Stillwater Town Board Mtg. — 7/9/20 Page 2 b. Trail Signage - Chief Nelson will order"No Motorized Vehicles" signs for our trails. c. Signage on Arcola Lane - A resident has requested a "No Outlet" sign. The engineer is reviewing all signs in the Township and this will be included. d. Road Trash - There had been some trash left on Arcola Trail and on Arcola Lane. Chief Nelson was able to determine who left it and sent them a bill for trash pick- up which has been paid. e. Otto Berg Park and Pavilion Usage - VAA has requested use of Otto Berg Park and a Charter School has requested using the pavilion. The consensus of the Board was to issue permits for use, pending changing guidelines from the state. f. CUP Checks - Chief Nelson has made his annual checks on our Conditional Use Permits and found no serious issues. 9. COMMUNICATION COMMITTEE - Kimberly Cole will be working as our new Recycling Coordinator. A newsletter will be coming out shortly. The public can be asked to submit pictures for posting on Facebook. 10. TOWN HALL LANDSCAPING - The old and knarly shrubs around the town hall will be removed and new plantings will be put in next spring. 11. PAINTING TOWN HALL - We have received a bit of $3,950 to paint the town hall. M/S/P Haines/McMahon moved to accept the bid of $3,950. The vendor will be asked to supply an insurance certificate and evidence of workers' compensation coverage. (4 ayes) We should also get a signed contract. 12. ADJOURNMENT - The meeting was adjourned at 8:10 p.m. Clerk Chairperson Approved