City Council Worksession

South St. Paul WORKSESSION AGENDA Monday, February 8, 2021 7:00 pm Please be advised that the regular meeting location is the City Hall Training Room, located at 125 3rd Avenue North, South St. Paul. Pursuant to Minn. Stat. 13D021, under the current emergency declaration due to the COVID-19 health pandemic, some or all of the council members may participate in remote locations using WebEx. Any member of the public wishing to monitor the meeting may do so electronically by logging in as follows: WebEx Meeting - Login for the Public: Join by Phone: 1-312-535-8110 Access Code: 177 498 1394 AGENDA: 1. Swimming Pool Ordinance Update Discussion 2. Discussion on Rules for In-Home Businesses 3. Targeted Residential Picketing Ordinance – Discussion 4. Discussion on New Home Construction in Neighborhoods with Incomplete Road Systems 5. Woog Arena Write-Offs 6. Letter of Intent – 285 Hardman Ave S 7. 2021 Boards/Commission Appointments – Discuss Process A COUNCIL WORK SESSION REPORT DATE: FEBRUARY 8, 2021 1 DEPARTMENT: COMMUNITY DEVELOPMENT Prepared by: Monika Mann, Community Development Specialist ADMINISTRATOR: JRH AGENDA ITEM: Swimming Pool Ordinance. DESIRED MEETING OUTCOMES: • Discuss with the Council provisions for temporary outdoor pools. • Discuss with the Council additional swimming pool ordinance revisions. OVERVIEW: Staff is bringing forward a review of the City’s swimming pool ordinance in response to a City Council request from 2020. The City Council specifically wanted to discuss the rules surrounding full-sized swimming pools that are set up temporarily. These pools often go up in May and are then taken down in September. This type of pool is a relatively new technology that has become extremely popular in recent years. These pools grew even more popular in 2020 since many public pools were closed due to COVID-19. The City’s swimming pool ordinance was written in 1980, which is before the technology for large temporary pools existed. The existing Code does not differentiate between temporary pools and permanent pools. It simply requires a building permit for any swimming pool over 1,000 gallons. The existing swimming pool ordinance does not establish clear standards for swimming pools and does not have consistent rules regarding setbacks or safety requirements. The State Building Code regulated swimming pools for many years, but swimming pools are not regulated under the current edition of the Building Code. This means that any City wishing to regulate swimming pools must do so through their zoning code by adopting specific local requirements. TEMPORARY POOL REGULATIONS: Staff reviewed a number of pool ordinances from surrounding communities to determine what, if anything, is being done to regulate temporary pools. Generally, cities do not have any rules or regulations when it comes to ‘kiddie pools’ that are 24 inches deep or less. These small pools are generally treated like play equipment. Most cities do have some type of regulations when it comes to large temporary pools. There are some cities that treat large temporary pools the same way as they treat permanent pools but this is unpopular and most residents skip getting building permits for temporary pools, even in cities where they are technically required. Many cities forgo the building permit requirement for temporary pools as long as the pool is only set up between May and September. Large temporary pools are often still required to adhere to setback requirements and some safety requirements if they are greater than 24 inches in depth. This is the approach that Staff is recommending. SUMMARY OF EXISTING ORDINANCE: Section 118-255 regulates swimming pools. It has the following rules: • A building permit is required for any swimming pool with a capacity over 1,000 gallons. • Swimming pools cannot be beneath overhead utility lines, over underground utility lines, or within any private or public utility, walkway, drainage or other easements. • All swimming pools require “fencing, screening, or other enclosure or any combination thereof of sufficient density as to be impenetrable to prevent children from gaining uncontrolled access.” Fences surrounding a pool must be at least 5 feet in height for pools that are less than four feet in elevation above ground. ISSUES WITH EXISTING ORDINANCE South St. Paul’s existing ordinance has a number of shortfalls that should be addressed. They include: • Lack of definitions for “swimming pool”. The code lacks a clear definition for “swimming pool” and other related terms. This makes it unclear what is legally considered a pool. Terms such as “swimming pool” and “temporary pool” should be clearly defined. • Lack of differentiation between temporary pools and permanent pools. As previously stated, the existing code does not differentiate between temporary and permanent pools. Most cities differentiate between temporary and permanent pools and exempt temporary pools from many of the requirements of permanent pools. These pools are often exempt from building permits, may not require any kind of permit, and do not require fencing provided the pool has a removable ladder which can be removed when the pool is not in use. South St. Paul’s code should differentiate between temporary and permanent pools and create clear performance standards for both. • Overly stringent building permit requirement. A building permit is currently required for any pool over 1,000 gallons. Staff feel that this number is outdated and has found that 5,000 gallons is the typical size that triggers the need for a building permit. Staff reviewed this requirement with the Building Official and recommends that the pool gallon requirement that triggers the need for a building permit should be increased from 1,000 gallons to 5,000 gallons. • Swimming pool location standards are not clearly defined. As part of the building permit application for a pool, staff must review the proposed location of the pool. It is currently unclear what pool location rules are in effect aside from pools not being allowed under/over power lines or in easements. Staff’s recommendation is that the setback rules for pools be the same as the rules for other accessory structures such as sheds. Sheds generally must be at least three (3) feet away from side and rear property lines. They are also not allowed in front yards. The Code should be amended to clearly state that swimming pools are subject to the same location rules as other accessory structures (unless the City wanted to impose specific setback requirements on swimming pools). PROPOSED CHANGES Staff are proposing a number of changes to the ordinance including: • Adding definitions for “swimming pool” and “temporary pool”. • Creating separate performance standards for temporary pools. • Increasing the gallon requirement that triggers the need for a building permit from 1,000 gallons to 5,000 gallons. • Clearly stating that swimming pools over 24 inches must adhere to the setback requirements for an accessory structure. • Defining setback standards for permanent pools. • Clarifying acceptable barrier requirements for pools: o In-ground pools require a 4-foot fence or other impenetrable barrier. o Above ground pools do not need a fence as long as the walls of the pool are at least 4 feet tall. o Temporary pools do not need a fence as long as the ladder is removed when the pool is not in use. Council Feedback Requested The performance standards for swimming pools need to be vetted by the Planning Commission before they are brought to the City Council for formal review. Council should feel free to offer “first blush impressions” if there are any issues that Councilmembers feel strongly about. Attachments A- Existing Swimming Pool Ordinance B- Table Showing Temporary Swimming Pool Regulations in Neighboring Communities C- Proposed New Swimming Pool Ordinance  ATTACHMENT A EXISTING SWIMMING POOL ORDINANCE Sec. 118-255. - Swimming pools. A swimming pool, whether located so as to be submerged or elevated above ground level, is deemed to be a structure under this Code, and all work must be done in accordance with the state building code. A building permit shall be required for any swimming pool with a capacity of over 1,000 gallons. (1) Application. Any application for a building permit to construct or erect a swimming pool shall be accompanied by plans and sufficient detail to show the following: a. The proposed location and its relationship to the other structures and principal building on the lot. b. The size of the pool. c. Fencing and other fixtures existing on the lot, such as utility locations and trees. d. The location, size, and a statement as to the types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump, wiring, heating unit, backflush and drainage outlet, fencing, and the pool itself. (2) Standards. The following standards shall be met: a. A swimming pool shall not be located beneath overhead utility lines, over underground utility lines, nor within any private or public utility, walkway, drainage or other easements. b. The pool shall be designed and constructed in such a manner so as not to endanger the health and safety of its users and to not unduly interfere with the use and enjoyment of adjacent property. (3) Compliance with other codes. The construction, plumbing and electrical work connected with any pool to be constructed shall be conformed to all other applicable codes of the city. (4) Safety fencing. All swimming pools shall be equipped with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening, or other enclosure or any combination thereof of sufficient density as to be impenetrable. If fences are employed, they shall be at least five feet in height for all pools of less than four feet in elevation above the ground. The bottom of the fences shall not be more than four inches from the ground. Fences shall be of a noncorrosive material and shall be constructed so as to not be easily climbable and of such design and materials as may be approved by the city engineer. All fence openings or points of entry into the pool area shall be equipped with self-closing and self-latching devices placed at sufficient heights so as to be inaccessible to small children. (5) Fence maintenance. All fences shall be kept and maintained in reasonable and safe condition.  ATTACHMENT B TABLE SHOWING TEMPORARY SWIMMING POOL REGULATIONS IN NEIGHBORING COMMUNITIES Swimming Pool Permitting - Apple Valley Cities that exempt only temporary pools from building permit requirements Cities that require a permit for pools over a - West Saint Paul (5,000 gallons) certain size, regardless of the pool being - Burnsville (5,000 gallons) temporary or permanent structure. - Eagan (5,000 gallons) - Roseville (3,000 gallons) - Saint Paul (5,000 gallons) Cities that require a building permit for pools of - Inver Grove Heights any size - Minneapolis - Bloomington Cities that required a special permit for - Mendota Heights temporary pools Temporary Swimming Pool Fencing Requirements Cities that require fencing for temporary pools - Saint Paul - Minneapolis -Mendota Heights Cities that do not require fencing for temporary - West Saint Paul pools if another safety mechanism is in place - Inver Grove Heights - Burnsville - Eagan - Rosemount - Roseville - Apple Valley  ATTACHMENT C PROPOSED NEW SWIMMING POOL ORDINANCE City of South St. Paul Dakota County, Minnesota Ordinance No. ____ AN ORDINANCE REPEALING AND REPLACING SECTION 118-255 AND AMENDING SECTIONS 106-56 AND 118-8 REGARDING SWIMMING POOLS The City Council of the City of South St. Paul does ordain: SECTION 1. REPEAL AND REPLACE. South St. Paul City Code Section 118-255 is hereby repealed and replaced as follows: Sec. 118-255. - Swimming pools. (a) Definitions Swimming pool means any structure intended for swimming, wading or bathing containing water over 24 inches in depth, including spas and hot tubs. Temporary pool means any swimming pool constructed on or above the ground for seasonal use (approximately May to September) that is able to be readily disassembled for storage and reassembled to its original integrity. (b) Swimming Pool Requirements (1) Building Permit. A building permit shall be required for swimming pools over 24 inches in depth with a capacity of more than 5,000 gallons. Temporary pools of any size do not require a building permit, provided they are entirely above ground and only set up between May 1st and October 1st. See Section 106-56 for building permit requirements. (2) Setback Standards. a. Swimming pools, including temporary pools, are subject to the setback requirements for accessory structures as found in Section 118-208. b. In residential districts, above-ground or below ground swimming pools shall be located at least six (6) feet away from any principal structure or frost footing with the exception of a deck that services the pool area. This requirement shall not apply to above-ground hot tubs, spas or temporary pools. c. Swimming pools shall not be located beneath overhead utility lines, over underground utility lines, nor within any private or public utility, walkway, or drainage or other easement. (3) Barrier Requirements. All swimming pools shall be equipped with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with  fencing, screening, or other enclosure or any combination thereof of sufficient density as to be impenetrable. If fences are employed, they shall be at least four (4) feet in height for all pools of less than four feet in elevation above the ground. In addition to the fencing requirements in Section 118-199, fence openings or points of entry into the pool area shall be equipped with self-closing and self-latching devices placed at sufficient heights so as to be inaccessible to small children. a. Exceptions: i. Hot tubs or spas with approved locking safety covers, meeting ASTM standard F1346-91, provided the cover is locked at all times during periods of nonuse ii. Above-ground pools, spas, and hot tubs with sides or attached fences that create a barrier at least four (4) feet in height above grade. iii. Temporary swimming pools, provided all means of access (ladders, etc.) are removed from the pool during periods of nonuse. SECTION 2. AMENDMENT. South St. Paul City Code Section 106-56 is hereby amended as follows: Sec. 106-56. - Permits; application. An owner or an authorized agent of the owner who intends to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment the installation of which is regulated by this chapter, or any person wishing to construct, enlarge, alter, repair, move, demolish, or change a building or structure, including, without limitation, new construction, garages, decks, swimming pools, sheds (120 square feet or larger), roof replacement, soffit, fascia, gutters, siding, windows, doors, interior remodeling, fences, concrete work, asphalt, sheetrock, stucco work, retaining walls more than four feet tall, or cause any such work to be done, shall first make application to the building official and obtain the required permit. The application shall be, on forms provided by the city, filed in the office of the city engineer and contain or be accompanied by the following information: (6) Swimming Pools. A building permit shall be required for swimming pools over 24 inches in depth with a capacity of more than 5,000 gallons. Temporary pools of any size do not require a building permit, provided they are entirely above ground and only set up between May 1st and October 1st. See Section 118-255 for swimming pool performance standards. a. Application. Any application for a swimming pool building permit shall be accompanied by plans to show the following: i. Proposed location and to the principal building and other structures on the lot. ii. Pool’s setbacks from adjacent properties. iii. Pool size. iv. Fencing and other fixtures on the lot, such as utility locations and trees. v. The location, size, and a statement as to the types of pool equipment including, but not limited to filter unit, pump, wiring, heating unit, backflush and drainage outlet, fencing, and pool itself. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance amends the performance standards for swimming pools. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon publication. Approved: _________________________ Published: _________________________ _____________________________________ Christy Wilcox, City Clerk A CITY COUNCIL WORKSESSION REPORT DATE: FEBRUARY 8, 2021 2 DEPARTMENT: Community Development-Planning Prepared By: Michael Healy, City Planner/Zoning Administrator ADMINISTRATOR: JRH AGENDA ITEM: Discussion on Rules for In-Home Businesses DESIRED OUTCOMES: • Review South St. Paul’s existing rules for in-home businesses. • Discuss other potential formats for regulating in-home businesses. • Discuss next steps if the City Council wants to revise the Ordinance. OVERVIEW: Background The City of South St. Paul has a very strict permitting process for in-home businesses, otherwise known as home occupations. Currently, all home occupations require a Conditional Use Permit (CUP). Anyone seeking to start any type of in-home business must pay a $350 fee and go through the Conditional Use Permit review process, a process that takes roughly 45 days and includes a public hearing. Compliance with this requirement is extremely low and the vast majority of in-home businesses in South St. Paul operate illegally without a permit. Prior to 2017, the City Code exempted “residential business offices” from needing a CUP as long as no customers visited the home. This meant that residents could work out of a home office without needing a City approval. This exemption was removed from the Code in 2017 as part of a housekeeping ordinance that condensed the definitions and regulations for home occupations. City Staff have received a number of complaints from residents regarding the across-the-board requirement for a Conditional Use Permit for all home occupations. There are likely hundreds of residents currently working out of home business offices (even more since the Covid-19 pandemic began) and it is not realistic to require all of these individuals to obtain CUP’s. The City Council discussed the need for a comprehensive review of the home occupation ordinance at a worksession meeting in 2020 and this item is a follow-up to that discussion. How Do Other Cities Regulate In-Home Businesses? It is very unusual to require a Conditional Use Permit for all in-home businesses and Staff is not aware of any other communities that take this approach. There are a number of different formats for regulating home businesses and the four most common formats are summarized below: 1. Many cities (i.e. Inver Grove Heights, West St. Paul, and Burnsville) do not require any type of permit or registration for in-home businesses. They have rules for home occupations listed in their City Code and they enforce these rules if they receive complaints or become aware of a violation. 2. Many cities (i.e. Roseville and Saint Paul) do not require a permit but do require or encourage all in-home businesses to register with the City. The business owners are asked to sign an affidavit attesting to the fact that they have reviewed the rules for home occupations and agree to abide by those rules. City Council Worksession Report – Discussion on Rules for In-Home Businesses February 8, 2021 Page 2 of 5 3. Many cities (i.e. Richfield and Coon Rapids) do not require a permit for minor in-home businesses but do require a Planning Commission or City Council approval for more intense in-home businesses. Their zoning code clearly states what triggers the requirement that an in-home business be reviewed by the Planning Commission or City Council. 4. Many cities (i.e. Stillwater, Elk River, and Monticello) require an administrative permit for minor in-home businesses. These permit applications are reviewed and approved by the City Planner who uses a set of established performance standards to evaluate each business proposal. A Conditional Use Permit or Interim Use Permit is required for more intense types of in-home businesses and the Code clearly lays out what triggers the requirement. Whether or not a zoning permit is required, all Cities still do require a license for specific in-home businesses such as massage therapists and barbers, types of businesses that always require a license. Cities that require permits for in-home businesses generally have an exemption for “residential business offices” where no customers are visiting the home, just as South St. Paul did prior to 2017. Most cities have a list of businesses that are never allowed to operate out of homes (i.e. car mechanics, restaurants, general retail, and sexually-oriented businesses). Performance Standards for Home Occupations South St. Paul’s City Code lists just eight (8) performance standards for home occupations which is relatively light compared to many other cities’ home occupation ordinances. The City Council currently reviews each home occupation proposal “case by case” as part of the Conditional Use Permit process and assigns additional conditions depending on the specific business. Because the City has always relied on the CUP process, there has never been a need to fine-tune the home occupation ordinance with more detailed performance standards. If the City Council wants to move to a different format for regulating home occupations and move away from the CUP process, it will be necessary to develop more detailed performance standards. Staff Recommendation Staff recommends that the City adopt a different format for regulating home occupations. The blanket CUP requirement is cumbersome and is the primary reason that most in-home businesses in South St. Paul are operated illegally. The City has not issued a Conditional Use Permit for a home occupation since 2015 and the only home businesses that historically have applied for a Conditional Use Permit are those that need to be made “legal” in order to qualify for a business license (i.e. barbers and massage therapists). DIRECTION NEEDED Staff is seeking Council feedback on possible changes to the home occupation ordinance. If the City Council wants to adopt a different regulatory approach, Staff needs direction regarding whether they should work primarily with the Planning Commission or with the City Council to develop the new performance standards. ATTACHMENTS A- EXISTING SOUTH ST. PAUL HOME OCCUPATION RULES B- HOME OCCUPATION RULES IN NEARBY CITIES  ATTACHMENT A EXISTING SOUTH ST. PAUL HOME OCCUPATION RULES Sec. 118-8. – Lots, distances, and definitions. Home occupation means any occupation or profession engaged in by the occupant of a dwelling when carried on within a dwelling unit. Such uses may include professional office uses which require or include customers coming to the residence to obtain a business service or product, or teaching, and similar uses; however, a home occupation shall not be interpreted to include beauty salons or barbershops with two or more salon chairs, tourist homes, restaurants, or similar uses. The term also includes the performance of massage services pursuant to a personal service license issued under article XIII of chapter 18 of this Code. Sec. 118-121. – R-1, single-family district. (c) Permitted uses. Within the R-1 single-family district, no building, structure or land shall be used except for one or more of the following uses, unless otherwise provided in this chapter: (2) Accessory uses. f. Home occupations, as defined in section 118-8, provided that: 1. Entrance to the home occupation is gained from within the structure; 2. The occupation shall be conducted entirely within the principal structure; 3. No accessory building or attached garage shall be used for the home occupation; 4. Evidence of the occupation shall not be visible from the street; 5. No stock or warehousing for the occupation shall be stored on the premises; 6. No more than three parking spaces are needed at any given time in addition to the parking spaces required by the resident occupants; 7. Home occupations such as massage are limited to no more than one client waiting for services and no more than one client receiving services at any given time; and 8. Home occupations such as teaching are limited to three students at any given time. (b) Uses by conditional use permit. Within the R-1 district, the following uses shall be by conditional use permit only: (6) Home occupations. Sec. 118-339. – Permitted signs by district. (a) Within residential zoning districts (R-1 through R-3) signs must comply with the following regulations: (3) The following types of signs are permissible: c. In the case of a residential business office as allowed pursuant to a conditional use permit for a home occupation, the city council may permit a nonilluminated business sign, not to exceed six square feet in an approved location. In the single-family residence (R-1) district, no home occupation signage is allowed.  ATTACHMENT B HOME OCCUPATION RULES IN NEARBY CITIES City of Saint Paul Home Occupation Regulations: Definition of a Home Occupation: An occupation carried on in a dwelling unit by a resident thereof, provided that the use is limited in extent, incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. Regulations: Owners of home businesses must submit a signed affidavit to City Staff agreeing to abide by these rules: (a) A home occupation may include small offices, service establishments or homecrafts which are typically considered accessory to a dwelling unit. Such home occupations shall involve only limited retailing, by appointment only, associated with fine arts, crafts or personal services as allowed in the B1 Local Business District. (b) A home occupation shall not involve the conduct of a general retail or wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property, and shall not involve retailing except as noted in paragraph (a). (c) A home occupation shall be carried on wholly within the main building. No home occupation shall be allowed in detached accessory buildings or garages. (d) All home occupation activities in dwelling units of less than four thousand (4,000) square feet of total living area, excluding a cellar and attic, shall be conducted by no more than two (2) persons, for one (1) of whom the dwelling unit shall be the principal residence. All home occupation activities in dwelling units of four thousand (4,000) or more square feet of total living area, excluding a cellar and attic, shall be conducted by no more than three (3) persons, for one (1) of whom the dwelling unit shall be the principal residence. (e) No structural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation. (f) Service and teaching occupations shall serve no more than one party per employee at a time and shall not serve groups or classes. (g) There shall be no exterior storage of equipment, supplies or commercial vehicles associated with the home occupation, nor parking of more than one (1) business car, pick-up truck or small van, nor any additional vehicles except those for permitted employees identified under paragraph (d). (h) There shall be no detriments to the residential character of the neighborhood due to noise, odor, smoke, dust, gas, heat, glare, vibration, electrical interference, traffic congestion, number of deliveries, hours of operation or any other annoyance resulting from the home occupation. (i) A home occupation may have an identification sign no larger than two (2) square feet in area, which shall not be located in a required yard. (j) Home occupations for handicapped persons that do not meet these conditions may be reviewed by the board of zoning appeals, which may modify or waive requirements (a) through (g). (k) For the purposes of this section , “principal residence” shall mean the dwelling where a person has established a permanent home from which the person has no present intention of moving. A principal residence is not established if the person has only a temporary physical presence in the dwelling unit. City of West St. Paul Home Occupation Regulations Definition of a Home Occupation: HOME OCCUPATION. Any gainful occupation or profession engaged in by the occupant of a dwelling. Regulations: No permit is needed for a home occupation. Home occupations are allowed as an accessory use and must follow these rules: (1) Only persons residing in the dwelling shall be engaged in the occupation; (2) The occupation shall be conducted entirely within the principal structure; (3) Evidence of the occupation shall not be visible from the street; (4) No stock or warehousing for the occupation shall be stored on the premises; (5) Over-the-counter retail sales are not involved; (6) There shall be no more than three parking spaces for the occupant and visitors; (7) No accessory building or attached garage shall be used for the home occupation; and (8) Property cannot be used as a meeting location for employees. City of Inver Grove Heights Home Occupation Regulations Home Occupations are allowed without a permit as long as the Code’s rules are followed. "Home occupation" means any gainful occupation meeting all of the following requirements: 1. Engaged in only by persons residing in the subject dwelling. 2. Conducted entirely within the dwelling, not in attached or detached accessory structures. 3. Evidence of the occupation shall not be visible from the street. 4. No signs other than those permitted in R districts are permitted. 5. No stock in trade is stored on the premises. 6. On site retail sales are not involved. 7. Entrance to the home occupation is gained exclusively from within the dwelling. 8. When the home occupation is a beauty/barber shop, entrance to the home occupation shall be a separate, direct entrance and shall not be from within the dwelling. Professional Home Occupations: A professional person may use his/her residence for consultation, emergency treatment, or performance of religious rites, but not for the general practice of his/her profession when such general practice will involve the need for more than three (3) parking spaces for the occupant and visitors. No accessory building or attached garage shall be used for such home occupation. (Ord. 1098, 11-8-2004) Other Home Occupations: Home occupations include minor repair services, photo or art studios, dressmaking, teaching limited to three (3) students at any one time, in home daycare as licensed by the state, licensed massage therapy in accordance with the regulations of title 4, chapter 8 of this code and similar uses; however, a home occupation shall not be interpreted to include tourist homes, restaurants or similar uses. A COUNCIL WORKSESSION REPORT DATE: FEBRUARY 8, 2021 3 DEPARTMENT: POLICE Prepared By: William Messerich ADMINISTRATOR: JRH AGENDA ITEM: Targeted Residential Picketing Ordinance – Discussion DESIRED MEETING OUTCOMES: Discuss recent protesting events and a Targeted Residential Picketing Ordinance which has been adopted in other communities. OVERVIEW: During the last year, South St. Paul had a few incidents of picketing/protesting, one of which was in a residential area. The goal of the discussion is to gauge the interest of the council in adopting a similar ordinance to those adopted in other communities. For your reference, ordinances which have been adopted in other communities are attached to this report. SOURCE OF FUNDS: N/A  ORDINANCE NO. 2020- 501 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF HUGO, MINNESOTA, RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF HUGO WHEREAS, the City Council finds that targeted residential picketing in front of or about a residential dwelling causes emotional distress to the dwelling occupants, obstructs and interferes with the free use of public rights -of -way and has as its object the harassment of the dwelling occupants; and, WHEREAS, the City Council further finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedom of speech and expression; and, WHEREAS, the protection and preservation of the home is the keystone of democratic government; the public health and welfare and the good order of the community require that members of the community enjoy, in their homes and dwellings, a feeling of wellbeing, tranquility and privacy and, when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants, obstructs and interferes with the free use of public sidewalks and public ways of travel; such practice has as its object the harassing of such occupants and, without resort to such practice, full opportunity exists, and under the terms and provisions of this section, will continue to exist for the exercise of freedom of speech and their constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: SECTION 1. DEFINITIONS. For the purpose of this section, the term " targeted residential picketing" means: 1) Marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or 2) Marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located; or  3) Standing, marching, patrolling or picketing by one or more persons focused in front of or adjacent to a particular residential dwelling without the consent of that dwelling's occupants. SECTION 2. PURPOSE. The city has an interest in the protection of residential privacy, the wellbeing and tranquility of the home, and protecting citizens from unwanted speech when they are a captive audience within their homes. The city council finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedoms of speech and expression. SECTION 3. PROHIBITED ACTIVITY. No person shall engage in targeted residential picketing within the City. SECTION 4. VIOLATION/PENALTY. Every person convicted of a violation of any provision of this Ordinance shall be guilty of a misdemeanor. SECTION 5. SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON SEPTEMBER 8, 2020. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Sec. 13-10. - Targeted picketing in residential neighborhoods. The City Council of the City of Woodbury, Washington County, Minnesota does hereby ordain as follows: (a) Definitions. For the purpose of this section, the term "targeted residential picketing" means: (1) Marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or (2) Marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located; or (3) Standing, marching, patrolling or picketing by one or more persons focused in front of or adjacent to a particular residential dwelling without the consent of that dwelling's occupants. (b) Purpose. The city has an interest in the protection of residential privacy, the well being and tranquility of the home, and protecting citizens from unwanted speech when they are a captive audience within their homes. The city council finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedoms of speech and expression. (c) Prohibited activity. No person shall engage in targeted residential picketing within the city. (d) Violation. Any person who engages in targeted residential picketing within the city is guilty of a misdemeanor. (Ord. No. 1818, 4-22-09)  CHAPTER 7 TARGETED RESIDENTIAL PICKETING SECTION: 5-7-1: Purpose And Findings 5-7-2: Definition 5-7-3: Targeted Residential Picketing Prohibited 5-7-4: Violation 5-7-1: PURPOSE AND FINDINGS: The city has an interest in the protection of residential privacy within the city, and protecting the well-being, tranquility and privacy of the home, which is certainly of the highest order in a free and civilized society. The city council further finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedom of speech and expression. (Ord. 294, 7-6-1993) 5-7-2: DEFINITION: For the purpose of this chapter, "targeted residential picketing" includes one or more of the following activities: A. Marching, standing or patrolling by one or more persons carrying written material within five hundred feet (500') of a residential dwelling, which identifies the occupants of such residential dwelling by name, occupation, photograph or in some other manner. B. Marching, standing or patrolling by one or more persons within five hundred feet (500') of a residential dwelling who are shouting or otherwise verbalizing protests which identify the occupants of such residential dwelling by name, occupation or in some other manner. C. Marching, standing or patrolling by one or more persons within five hundred feet (500') of a residential dwelling for the purpose of directing a protest at the occupants of such residential dwelling unit. D. Marching, standing or patrolling by one or more persons which interferes with the ability of the occupants of a residential dwelling from gaining access to, or egressing from, the property on which such residential dwelling unit is located. (Ord. 294, 7-6-1993) 5-7-3: TARGETED RESIDENTIAL PICKETING PROHIBITED: No persons shall engage in targeted residential picketing within the city. (Ord. 294, 7-6-1993) 5-7-4: VIOLATION: Every person convicted of a violation of any provision of this chapter shall be guilty of a misdemeanor. (Ord. 294, 7-6-1993)  CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ADDING TITLE 6, CHAPTER 14, OF THE CITY CODE RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF FARMINGTON THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: That Title 6, Chapter 14 of the Farmington City Code, is hereby amended by adding the following language: SECTION 1. DEFINITIONS. For the purpose of this section, the term “targeted residential picketing” means: 1. Marching, standing or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or 2. Marching, standing or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located; or 3. Standing, marching, patrolling or picketing by one or more persons focused in front of or adjacent to a particular residential dwelling without the consent of that dwellings’ occupants. SECTION 2. PURPOSE. The city has an interest in the protection of residential privacy, the wellbeing and tranquility of the home, and protecting citizens from unwanted speech when they are a captive audience within their homes. The city council finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedoms of speech and expression. SECTION 3. PROHIBITED ACTIVITY. No person shall engage in targeted residential picketing within the city. SECTION 4. VIOLATION/PENALTY. Every person convicted of a violation of any provision of this ordinance shall be guilty of a misdemeanor. SECTION 5. SEVERABILITY. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the part held to be invalid. SECTION 6. Effective Date. This ordinance shall be effective upon its passage and publication according to law.  CITY COUNCIL WORKSESSION REPORT A DATE: FEBRUARY 8, 2021 4 DEPARTMENTS: Planning and Engineering Prepared By: Michael Healy, City Planner & Sue Polka, City Engineer ADMINISTRATOR: JRH AGENDA ITEM: Discussion on New Home Construction in Neighborhoods with Incomplete Road Systems DESIRED OUTCOMES: • Review City Code rules and Fire Code rules regarding access to residential properties. • Discuss two private properties on Outlook Avenue that are for sale as home lots but have no road access • Clarify City policy regarding building permits and access in neighborhoods that have incomplete road systems. OVERVIEW: Background Most of South St. Paul’s original residential neighborhoods were created through land subdivisions that took place in the late 1800’s. Each neighborhood was created through the recording of a plat (or multiple plats) which took a large piece of undeveloped property and divided it up into: • Residential lots (most lots in the older neighborhoods are 40 feet wide and 125 feet deep) • Road right-of-way for the construction of “future streets” (usually between 50 and 60 feet wide) • Alley right-of-way for the construction of “future alleys” (usually 20 feet wide) In modern times, the City reviews proposed neighborhood subdivisions and verifies that each proposed lot and each proposed road and alley is “buildable” based on subdivision and zoning regulations. Developers are generally not allowed to set up a neighborhood in a manner that is unbuildable due to topographical challenges or other environmental considerations. Back in the late 1800’s, however, there were minimal regulations and it was very common for surveyors to use the platting process to create neighborhoods on paper that would be almost impossible to build in real life due to topography. Many of South St. Paul’s platted neighborhoods from the 1800’s have “future home lots” that are in the middle of deep ravines and platted “future roads” that cross over large bluffs. Residential lots that were platted in the 1800’s are considered grandfathered “existing lots of record.” Per our Code, these lots are considered buildable for single-family homes if they are at least 120 feet deep, have at least 4,500 square feet of lot area, and are not ineligible for building permits because of topographical issues and State laws protecting the bluffs. While these lots may technically be buildable, many of them are not “shovel ready” because they do not have legal access to an improved road. Code Rules Regarding Access to Residential Properties Access to residential properties is regulated by the City’s zoning code and subdivision ordinance and by the Minnesota State Fire Code. The Fire Code rules primarily address whether there is a serviceable route that emergency responders can use to access the property to fight fires and respond to other emergencies. There also must be a way for the fire truck to turn around to leave the property and there are rules for hydrant placement. City Council Worksession Report – New Homes in Neighborhoods with Incomplete Road Systems February 8, 2021 Page 2 of 7 The City’s zoning code and subdivision ordinances are local regulations that are established by the City Council to regulate land use. The subdivision ordinance states that an otherwise “buildable” single-family home lot is not eligible for a building permit unless it has legal access to an improved street. Per Section 114-67 of the City Code, legal access can be achieved by two different means: 1. Frontage on an improved street. OR 2. A connection to an existing improved street that is achieved via a private easement, alley, or a semi- improved road but only with the permission of the City Council on a “case by case” basis. Generally, this permission is only granted if the City Engineer and Fire Department support making an exception. The alternative access is still expected to comply with Fire Code requirements. Reason for Worksession Discussion At this point in South St. Paul’s history: • Most “easy-to-develop” properties already have houses on them. • Most lots that are completely unbuildable are under the ownership of the City. • There are numerous vacant lots in private hands that may technically be buildable but are not “shovel ready” because of challenges relating to road access and topography. Many of these lots are north of Butler Avenue, including a large number of lots in and near the “Stickney Addition” plat near Outlook Avenue. Staff has begun receiving inquiries regarding the “buildability” of two (2) privately owned vacant lots in “Stickney Addition,” directly north of 416 Outlook Avenue. The lots do not currently have road access but there is a private driveway that runs in front of them which was built in the right-of-way and is owned by 326 Outlook Avenue. The callers inquiring about the vacant lots want to know whether they can get permission to build houses on these lots without the expense of extending Outlook Avenue as a fully engineered road. The existing portion of Outlook Avenue is currently a 26-foot wide (back of curb to back of curb) paved road . They want to know whether they can get the City Council’s permission to provide access to the lots using some alternative form of access such as an oversized driveway with a fire-truck turnaround or a narrow rural road that does not have curb and gutter. The City Engineer recommends extending the existing roadway section with curb and gutter and a turnaround for emergency access, snow removal and on-street parking on one side of the street. In addition, a fire hydrant would need to be added to meet the fire code requirement of 350’ spacing in residential neighborhoods. Water and sanitary sewer services would also need to be added. City Planner Michael Healy and City Engineer Sue Polka are both relatively new to South St. Paul and are not familiar with City Council’s thinking regarding access requirements in neighborhoods with incomplete road systems. Fire Code requirements are generally non-negotiable but, in situations where there are not Fire Code concerns, the Subdivision Ordinance does expressly give the City Council the authority to allow alternative forms of access other than fully engineered improved streets. DIRECTION NEEDED Staff is specifically seeking City Council feedback regarding the two vacant lots north of 416 Outlook Avenue and what type of access should be required in conjunction with development of the lots. Staff is also more generally seeking City Council feedback regarding the establishment of a more formal policy regarding requests for building permits and alternative access in neighborhoods with incomplete road systems. City Council Worksession Report – New Homes in Neighborhoods with Incomplete Road Systems February 8, 2021 Page 3 of 7 SOURCE OF FUNDS: N/A ATTACHMENTS A- Map Showing Subject Properties B- Street View Showing Current Access to Subject Properties C- Stickney Addition Plat with Subject Properties Outlined D- Subdivision Ordinance Access Requirements for Building Permits Eligibility E- As-Built for Outlook Avenue Near Subject Properties  ATTACHMENT A MAP SHOWING SUBJECT PROPERTIES  ATTACHMENT B STREET VIEW SHOWING CURRENT ACCESS TO SUBJECT PROPERTIES  ATTACHMENT C STICKNEY ADDITION PLAT WITH SUBJECT PROPERTIES OUTLINED  ATTACHMENT D SUBDIVISION ORDINANCE ACCESS REQUIREMENTS FOR BUILDING PERMIT ELIGIBILITY Sec. 114-67. - Lots. (d) The subdividing of land shall provide each building lot with a minimum of 30 feet of frontage directly abutting on a publicly dedicated street, subject to the following conditions: (1) In no instance shall a private easement satisfy the above requirement, except when specifically approved by the city council. (2) In addition to the above, such a publicly dedicated street shall have minimum improvements of grading and gravel before a building permit is issued, unless otherwise approved by the city council. A COUNCIL WORKSESSION REPORT DATE: FEBRUARY 8, 2021 5 DEPARTMENT: DOUG WOOG ARENA Prepared By: George Emerson, Facilities & Operations Supervisor ADMINISTRATOR: JRH AGENDA ITEM: Doug Woog Arena Write-Offs due to COVID-19 DESIRED MEETING OUTCOMES: Discuss the option of writing off various rents for South St. Paul Youth Hockey Association associated with meeting space, storage space, the Dryland Training Space, and dasher advertisement payment due to the impact of COVID-19. OVERVIEW: Due to Covid-19 and the various State mandated shutdowns of Doug Woog Arena in 2020, South St Paul Youth Hockey Association was unable to utilize their Dryland Training Space, Office Space, and Storage Areas for much of the year. This resulted in a serious decline in the revenue they generated and makes it difficult for them to pay rent to us. Here is a breakdown of what they have not paid:  Meeting/Office Space - $600 a month (no payment for April, May, June, and July) Amount Due - $2,400  Dryland Space - $1,260 per month (no payment for May, June, and July) Amount Due - $3,780 The total due for these spaces totals $6,180. It should be noted that our new agreement with SSPYHA took effect on October 1, 2020. Dryland, Office, and Storage Space are now covered by their Capital Contribution of $30,000 per year with payments made quarterly in the amount of $7,500. They have not paid the 4th quarter 2020 amount due as of yet. Effectively, shutdowns cost them the use of this space for approximately ½ of this quarter. That would equate to approximately $3,750. Finally, SSPYHA also had the ability to sell advertisements on the rink dashers. In 2020, they displayed 16 advertisements on the boards. That should have generated a payment to the City of $3,200.00. However, SSPYHA did not bill nor collect any revenue for the advertisements in 2020. Foregoing that payment would amount to $3,200. Based on the above, staff believes it would be reasonable to write-off these billings totaling $13,130 for 2020 at Doug Woog Arena for South St. Paul Youth Hockey Association. If the Council agrees, we will place it on the Consent Agenda for approval at the Council Meeting of February 16th. SOURCE OF FUNDS: Doug Woog Arena Revenues A CITY COUNCIL WORKSESSION AGENDA REPORT DATE: February 8, 2021 6 DEPARTMENT: ECONOMIC & COMMUNITY DEVELOPMENT Prepared By: Ryan Garcia, Director of Economic & Community Development ADMINISTRATOR: JRH AGENDA ITEM: Letter of Intent – 285 Hardman Avenue South DESIRED OUTCOMES: • Discuss letter of intent to purchase 285 Hardman Avenue (Beck Properties of Minnesota) OVERVIEW: A Letter of Intent (LOI) for the acquisition and development of vacant EDA-owned property at 285 Hardman Avenue was executed with Beck Properties of Minnesota on February 1. The Developer proposes constructing an approximately 19,000 square foot office-warehouse building that would house their engineering company, Beck & Co. Engineering, Inc. (BCE) with approximately 25% of the building dedicated to office space for their team of engineers, software engineers, and technicians and 75% of the building dedicated to garage space, (they have a fleet of specially outfitted passenger trucks/SUVs), manufacturing, parts and equipment storage. The facility would allow BCE to relocate the bulk of their operations from a smaller space (approximately 3,000 square feet) currently owned and occupied by Beck Properties at 101 Bridgepoint Way, Suite 120. BCE has clearly outgrown the Bridgepoint Way facility. BCE is a pioneer in pavement marking assessment technologies, having effectively established the industry with the founding of their business in 1996. BCE uses proprietary equipment and software (designed, engineered, assembled in-house) to measure the retroreflectivity of pavement markings with a large portion of their business being government contracts throughout the country. Their current fleet of 20 units are deployed throughout the United States at any given time, while their engineering and design teams (approximately 10 specialists) are officed full- time in South St. Paul. BACKGROUND OF THE DEVELOPMENT SITE: 285 Hardman Avenue is an approximately two-acre parcel that was part of a larger property that was acquired by the Housing and Redevelopment Authority of South St. Paul (HRA) over 25 years ago. Historically, the property was a part of the much larger Armour complex which fronted the Mississippi River. The property has remained vacant and zoned “Industrial” (currently “I-1, Light Industrial”) for the entire time that the HRA/EDA have owned it. Upon its acquisition, the HRA conducted significant predevelopment due diligence on the site, including Phase I and Phase II environmental assessments and environmental mitigation activities, site grading and the establishment of a stormwater management area straddling the property line between this property and the lot immediately east (development by AVM Group LLC nearing completion in early 2021). In addition, the HRA conducted geotechnical soil correction, generally to accommodate an approximately 22,000 square footprint on the 285 Hardman Avenue site. In essence, these steps have left the site in a nearly “shovel-ready” condition for development, except that per Minnesota Pollution Control Agency’s Commissioner’s Certificate of Completion of Environmental Actions for the site, a vapor mitigation system will need to be integrated into the construction of the building. SUMMARY OF PROPOSED DEVELOPMENT: Beck Properties/BCE (Real Estate/Business entities led by Rick Beck) • Currently owns/occupies 101 Bridgepoint Way Suite 120 (approx. 3,000 SF office/warehouse condo unit in 5-unit building) – purchase is not contingent on sale of existing facility (Beck will continue to own free and clear) • Proposing 19,000 SF office/warehouse building (25% office / 75% warehouse) • Proposed purchase price of $261,142 ($2.75 / SF); 10% down payment received • 90-day exclusive contingency/due diligence period • Development Plan and Purchase & Development Agreement – June 2021 • August 2021 entitlements • April 2022 construction • September 2022 occupancy Staff strongly recommends that the EDA accept the LOI as presented and proceed with all due diligence including preparation of a Purchase and Development Agreement, which will be presented for consideration at a public hearing of the EDA in the 2nd Quarter 2021. FUNDING SOURCES AND OTHER FISCAL CONSIDERATIONS: The EDA-owned property is currently exempt from property taxes and has been for at least 25 years. Using existing comparable development as a barometer, it is estimated that the proposed office/warehouse development would generate over $43,000 per year in total property tax payments beginning in Pay 2024 (assuming 2022 completion). ATTACHMENTS: Orientation Map  COUNCIL WORKSESSION REPORT A DATE: FEBRUARY 8, 2021 7 DEPARTMENT: ADMINISTRATION Prepared By: Sandy Haima ADMINISTRATOR: JRH AGENDA ITEM: Board/Commission Appointments DESIRED MEETING OUTCOMES: Discuss Advisory Board and Commission member vacancies and the process to be used to evaluate candidates. OVERVIEW: The Mayor and/or City Council appoint individuals to represent the City on various Advisory Boards and/or Commission each year. Appointments to the Boards and Commission will be made at the March 1, 2021 City Council Meeting. In the past we have held a Meet & Greet with applicants. This year, due to Covid-19 restrictions, the Council should discuss how to approach this process. One option may be to hold a virtual Question & Answer session prior to our February 22nd Work Session. This could be limited to two or three key questions. Current board/commission openings are as follows: AIRPORT ADVISORY COMMISSION  1 opening for a 3-year term for a member of the Airport Non-Profit Organization  1 opening for a 3-year term for a member of the Airport User: Aircraft/Hangar Owner  1 opening for a 3-year term for a member of the Airport Business Community Applicant Status:  Airport Business Community – Incumbent Christopher Gardner has reapplied  Aircraft Owner – Incumbent Michael Hilger has reapplied  Airport Non-Profit Organization- No Applicant  New Applicant – Sheila Taterka CENTRAL SQUARE BOARD  1 opening for a 3-year term Applicant Status:  No Applicants at this time CHARTER COMMISSION  3 openings for a 4-year term Applicant Status:  New Applicant – Gabi Bati  New Applicant – Steven Romenesko  LIBRARY BOARD  3 openings for a 3-year term Applicant Status:  Incumbent Leslie Greaves Radloff, has reapplied  Incumbent Linne Rund has reapplied  New Applicant – Steven Romenesko  New Applicant – Scheri Sevenich, LOWER MISSISSIPPI WATER MANAGEMENT ORGANIZATION (LMWMO)  1 opening for Citizen Representative  1 Alternate Applicant Status:  New Applicant – Michael Randle NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION (NDC4)  0 opening for a 2-year term for a Citizen Representative (Josh Feit – Expires 12/31/21) Applicant Status:  New Applicant – Gabi Bati PARK & RECREATION ADVISORY  2 openings for a 3-year term Applicant Status:  Incumbent Laura Miller has reapplied  New Applicant – Cindy Bonawitz  New Applicant – Sheila Taterka PLANNING COMMISSION  2 openings for a 4-year term Applicant Status:  Incumbent Timothy Felton has reapplied  New Applicant – Gabi Bati  New Applicant – Eric Danielson (WSP)  New Applicant – Geoff Fournier  New Applicant – Michael Randle  New Applicant – Sheila Taterka POLICE & FIRE CIVIL SERVICE  1 opening for a 3-year term Applicant Status:  Incumbent Kay Francis has reapplied  New applicant – Gabi Bati SOURCE OF FUNDS: N/A