City of Excelsior

City of Excelsior   Notice of Regular Meeting 

of the Excelsior City Council      NOTICE IS HEREBY GIVEN that the City Council of the City of Excelsior will hold its regular

meeting on December 7, 2020 at 6:30 p.m. via a telephonic and/or electronic meeting. The agenda for the meeting is attached hereto.  

In accordance with the requirements of Minn. Stat. Section 13D.021, the Mayor, the city manager, and the city attorney have determined that an in-person meeting is not practical or prudent because of the “COVID-19 Health Pandemic” emergency declared under Chapter 12 of the Minnesota Statutes. Due to the measures necessary to contain and mitigate the impacts of the Pandemic Emergency, it has been determined that attendance at the regular meeting location by members of the public is not feasible and that the physical presence at the regular meeting location by at least one member of the body, chief legal counsel or chief administrative officer is not feasible.  Therefore, all staff and City Council members will be participating by telephone or other electronic means.   

Members of the public may attend the meeting by joining via Zoom either online or by telephone at: 

Join Zoom Meeting

https://us02web.zoom.us/j/84283165836 Meeting ID: 842 8316 5836

Dial by your location +1 312 626 6799 US

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Meeting ID: 842 8316 5836

City of Excelsior

Regular Council Meeting

Agenda

December 7, 2020

6:30 p.m.

(Please Note: Times Listed Are Approximate)

1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES (a) November 13, 2020 Canvassing Board Minutes

(b) November 16, 2020 Work Session Minutes (c) November 16, 2020 City Council Minutes (d) December 1, 2020 Work Session Minutes

4. CERTIFICATE OF APPRECIATION WYNNE REECE 5. OPEN FORUM

This is the time for the public to speak on non-agenda items. Open Forum will be limited to one-half hour. No person may speak more than five (5) minutes or more than once. Each subject will have a limit of ten (10) minutes. Council members may ask questions of the speaker. With the agreement of the Council, such matters taken up during the “Open Forum” may be scheduled on the current or a future Agenda. Members of the public interested in speaking on an agenda item may direct a request to be recognized to the Mayor.

6. CITY COUNCIL COMMUNICATIONS, QUESTIONS, and REPORTS (a) Excelsior-Lake Minnetonka Chamber of Commerce Update (b) Introducing Kevin Swanson of Gardner Builders, Construction Manager for the Pavilion (c) 2019/2020 Project Update 7. AGENDA APPROVAL (a) Meeting Agenda (b) Consent Agenda

1. Review Verified Claims under $20,000 and Approve Verified Claims over $20,000 2. Second Reading of Ord. No. 621 - Extension of Ord. No. 606 for Business Support 3. Second Reading of Administrative Penalties Ordinance 4. Continuation of Second Reading of Appendix E Ordinance Amendments 5. November Building Permit Report 6. 2020 Liquor License Renewals 7. Food Truck Discussion 8. Extension of Local Emergency Declaration 9. Pavilion Budget and Schedule Update

Agenda City Council Meeting December 7, 2020 Page 2

10. Approve Agreement with Tommy’s Tonka Trolley 11. Approve St. Alban’s Bay Lake Improvement District Assessment Roll

8. PUBLIC HEARINGS (a) 1, 2, 3, 4, 5, 6, 8, 10, 12, 14, 16 Village Lane Easement Vacation (7:15 p.m.) (b) 429 Second Street Conditional Use Permit (CUP) for Parking Impact Fee (7:20 p.m.)

(c) 366 Highway 7 Sign Variances (7:30 p.m.) (d) Presentation of 2021 Budget and Acceptance of Public Comments (7:40 p.m.) 8. PETITIONS, REQUESTS and COMMUNICATIONS (a) None 9. ORDINANCES and RESOLUTIONS

(a) None 10. REPORTS of OFFICERS, BOARDS, and COMMITTEES (a) None 11. UNFINISHED BUSINESS (a) East Parking Lot Improvements (8:00 p.m.) 12. NEW BUSINESS (a) Shorewood Sewer Agreement (8:20 p.m.) 13. ADJOURNMENT

Notice: Some items on this agenda are important enough to Commission members that a quorum of Commission members may be present to receive information leading to their future deliberations and eventual decision.

City of Excelsior Canvassing Board Meeting

MINUTES

Friday, November 13, 2020

12:30 P.M.

1. CALL TO ORDER Mayor Carlson called the meeting to order at 12:36 p.m. This meeting was a remote

meeting conducted via Zoom. 2. ROLL CALL

City Council: Mayor Carlson and Councilmembers Caron, Dierking, and Kurschner Absent: Councilmember Hersman (experienced technical difficulties)

Also Present: City Manager Luger

Mayor Carlson stated in accordance with the requirements of Minnesota Statutes Section 13D.021, the Mayor, the City Manager and the City Attorney have determined that an in-person meeting is not practical or prudent because of the “COVID-19 Health Pandemic” emergency declared under Chapter 12 of the Minnesota Statutes. All staff and City Council members will be participating by telephone or other electronic means. All actions votes will be recorded as roll call votes.

3. CANVASS ELECTION RESULTS

Kurschner moved, Caron seconded, to adopt Resolution No. 2020-71 – A resolution Declaring the Results of the November 3, 2020 General Election. On a roll call vote, Caron, Dierking, Kurschner and Carlson voted yes. Motion carried 4/0.

4. ADJOURNMENT

Dierking moved, Caron seconded, to adjourn the meeting at 12:40 p.m. On a roll call vote, Caron, Dierking, Kurschner and Carlson voted yes. Motion carried 4/0.

Respectfully submitted, Kristi Luger, City Manager

City of Excelsior City Council Work Session

MINUTES

Monday, November 16, 2020

5:30 P.M.

1. CALL TO ORDER/ROLL CALL

Mayor Carlson called the work session to order at 5:35 p.m. This work session was a remote meeting conducted via Zoom.

City Council: Mayor Carlson and Councilmembers Caron, Dierking, Hersman and

Kurschner Absent: None

Also Present: City Manager Luger, City Attorney Staunton, Public Works Superintendent Amundsen, Finance Officer Potter, Planning Director Becker, and City Engineer Dawley

Attorney Staunton stated in accordance with the requirements of Minnesota Statutes Section 13D.021, the Mayor, the City Manager and the City Attorney have determined that an in-person meeting is not practical or prudent because of the “COVID-19 Health Pandemic” emergency declared under Chapter 12 of the Minnesota Statutes. All staff and City Council members will be participating by telephone or other electronic means. All actions votes will be recorded as roll call votes.

2. AGENDA APPROVAL

Caron moved, Dierking seconded, to approve the November 16, 2020 City Council Work Session Agenda. On a roll call vote, Dierking, Caron, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

3. 2021 PRELIMINARY BUDGET

Finance Officer Potter presented an updated general fund budget with four levy options, the Capital Improvement Plan, the spreadsheet listing equipment and minor projects, the Pavement Management Plan, and The Commons Sales Tax Fund. The Council is considering either Scenario A with a levy increase of 13.2% and no reduction to the debt service levy or Scenario B with a levy increase of 9% and a reduction to the debt service levy. The Council

Minutes City Council Work Session November 2, 2020 Page 2

directed staff to put together bonding recommendations for each scenario. The Council also asked staff to update the year-to-date parking meter revenue and provide an estimate on the amount of revenue that could be generated by metering portions of Second Street and Third Street.

4. ADJOURNMENT

Hersman moved, Kurschner seconded, to adjourn the work session at 6:33 p.m. On a roll call vote, Kurschner, Hersman and Carlson voted yes. Motion carried 5/0.


City of Excelsior City Council Meeting

MINUTES

Monday, November 16, 2020

6:30 P.M.

OATHS OF OFFICE Mayor Carlson administered the Oaths of Office to Councilmember Ann Hersman and Councilmember Lou Dierking. 1. CALL TO ORDER Mayor Carlson called the meeting to order at 6:41 p.m. This meeting was a remote

meeting conducted via Zoom. 2. ROLL CALL

City Council: Mayor Carlson and Councilmembers Caron, Dierking, Hersman and Kurschner

Absent: None

Also Present: City Manager Luger, City Attorney Staunton, Public Works Superintendent Amundsen, City Engineer Dawley, Planning Director Becker, and Finance Officer Potter

Attorney Staunton stated in accordance with the requirements of Minnesota Statutes Section 13D.021, the Mayor, the City Manager and the City Attorney have determined that an in-person meeting is not practical or prudent because of the “COVID-19 Health Pandemic” emergency declared under Chapter 12 of the Minnesota Statutes. All staff and City Council members will be participating by telephone or other electronic means. All actions votes will be recorded as roll call votes.

3. APPROVAL OF MINUTES

(a) November 2, 2020 Work Session Minutes

Caron moved, Dierking seconded, to approve the November 2, 2020 Work Session Minutes. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

Minutes City Council Minutes November 16, 2020 Page 2

(b) November 2, 2020 City Council Minutes

Caron moved, Dierking seconded, to approve the November 2, 2020 City Council Minutes. On a roll call vote, Caron, Dierking Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

4. OPEN FORUM

None 5. CITY COUNCIL COMMUNICATIONS, QUESTIONS and REPORTS

(a) Excelsior-Lake Minnetonka Chamber of Commerce Update

Jen Weiss, Excelsior-Lake Minnetonka Chamber of Commerce, gave an update on the operations of the Chamber.

(b) Christkindlsmarkt

City Attorney Staunton provided information on Governor Walz’s most recent executive order with regards to holding Christkindlsmarkt.

(c) 2019/2020 Project Update

Public Works Superintendent Amundsen gave an update on the 2019 and 2020

Street and Utility Projects. (d) State of the Cities

Mayor Carlson recognized the State of the Cities event that occurred last week. 6. AGENDA APPROVAL

(a) Meeting Agenda

Kurschner moved, Hersman seconded, to approve the November 16, 2020 Meeting Agenda with the addition as 10(a) City Hall COVID-19 Update. On a roll call vote, Kurschner, Hersman, Caron, Dierking and Carlson voted yes. Motion carried 5/0.


(b) Consent Agenda

Kurschner moved, Caron seconded, to approve the consent agenda removing Items 6(b)3 and 6(b)7. On a roll call vote, Dierking, Caron, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

1. Review Verified Claims Under $20,000 and Approve Verified Claims over

$20,000 Action – Reviewed verified claims under $20,000 and approved verified

claims over $20,000. 2. Mount Calvary Stormwater Easement

Action – Approved the Easement Agreement and Stormwater Maintenance Plan for Mount Calvary Church.

4. Approve the Construction Manager Agreement for the Bandshell

Action – Approved the Initial Agreement and authorized execution by the City Manager.

5. Extension of Local Emergency Declaration

Action – Adopted Resolution No. 2020-69 Extending the Local Emergency Declaration.

6. Water Street Tree Replacement

Action – Approved payment to Odessa II for the amount of $24,960 for phase 2 of the Water Street Tree Replacement project to be funded from the Capital Improvement Project fund.

8. Ord. No. 621 – Extension of Ord. No. 606 for Business Support

Action – Waived the first reading of Ord. No. 621 extending Ord. No. 606 and scheduled the second reading for December 7, 2020.


9. Approve Pay Voucher No. 13 2019 Street & Utility Imp. Project L2019

Action – Approved Construction Pay Voucher No. 13 for the 2019 Street and Utility Improvement Project and authorized payment in the amount of $70,975.61 to Northdale Construction Co., Inc.

10. Approve Pay Voucher No. 6 2020 Street & Utility Imp. Project

Action - Approved Construction Pay Voucher No. 6 for the 2020 Street and Utility Improvement Project and authorized payment in the amount of $342,196.47 to Northdale Construction Co., Inc.

3. Approve City Architect Contract

Dierking moved, Caron seconded, to approve the Consulting Agreement between the City and Brian Larson. On a roll call vote, Dierking, Caron, Hersman, and Carlson voted yes and Kurschner voted no. Motion carried 4/1.

7. Obstruction of Water Street Parking Spaces for Portable Domes

Kurschner moved, Dierking seconded, to waive the first reading and adopt Ord. 620. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

7. PUBLIC HEARINGS

(a) 2019 Project Assessment Hearing

Mayor Carlson opened the public hearing at 7:39 p.m., hearing no comments, Mayor Carlson closed the public hearing at 7:39 p.m. Dierking moved, Caron seconded to adopt Resolution No. 2020-70 – Resolution Adopting the Assessment Roll for the 2019 Street and Utility Improvement project. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.


8. PETITIONS, REQUESTS and COMMUNICATIONS

(a) Excelsior Bandshell 60% Construction Drawings

Dan Johnson and Eric Snyder, Representatives from the Project Advisory Committee (PAC), reviewed the 60% construction drawings with the Council.

Caron moved, Dierking seconded, to direct the PAC to come back with full renderings of the design decisions and a use analysis, and to continue to work on the construction drawings. The PAC will advise the Council on when they will bring back the final renderings. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

(b) Agreement with Tommy’s Tonka Trolley

Dean and Becky Salita, Owners of Larry’s Dairy Bar dba Tommy’s Tonka Trolley, commented on the proposed agreement.

Kurschner moved, Caron seconded, to continue the agreement with Larry’s Dairy Bar dba Tommy’s Tonka Trolley to the December 7, 2020 City Council meeting. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

(c) Request by 318 Café to Reduce Liquor License Fee

Dierking moved, Hersman seconded, to deny the request based on precedence setting and that the business has the opportunity to remain open with the portable domes and has chosen not to. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.


9. ORDINANCES and RESOLUTIONS

(a) Administrative Penalties Ordinance Kurschner moved, Dierking seconded to waive the first reading and schedule the second reading of Ord. 618 amending the administrative penalties ordinance to allow administrative penalties for violations of additional portions of the City Code and adopt Resolution 2020-68 setting forth administrative penalty fees with the modified fee structure. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

(b) Appendix E Ordinance Amendments

Kurschner moved, Hersman seconded, to waive the first reading and schedule the second reading of Ord. 619 amending Articles 2,12,14, and 36 of Appendix E of the Zoning Code. Kurschner withdrew the motion and Hersman withdrew the second. Kurschner moved, Hersman seconded, to waive the first reading with clarifications and schedule the second reading of Ord. 619 amending Articles 2,12,14, and 36 of Appendix E of the Zoning Code. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.

10. REPORTS of OFFICERS, BOARDS and COMMITTEES

(a) City Hall COVID-19 Update

City Manager Luger provided an update on City Hall’s COVID-19 protocols. 11. UNFINISHED BUSINESS

(a) None


12. NEW BUSINESS (a) None

13. ADJOURNMENT

Dierking moved, Kurschner seconded, to adjourn the meeting at 9:50 p.m. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0.


City of Excelsior City Council Work Session

MINUTES

Monday, December 1, 2020

3:30 P.M.

1. CALL TO ORDER/ROLL CALL

Mayor Carlson called the work session to order at 3:34 p.m. This work session was a remote meeting conducted via Zoom.

City Council: Mayor Carlson and Councilmembers Caron, Dierking (arrived at 3:37

p.m.), Hersman and Kurschner Absent: None

Also Present: City Manager Luger, Public Works Superintendent Amundsen, Finance Officer Potter, and City Engineer Dawley

Mayor Carlson stated in accordance with the requirements of Minnesota Statutes Section 13D.021, the Mayor, the City Manager and the City Attorney have determined that an in-person meeting is not practical or prudent because of the “COVID-19 Health Pandemic” emergency declared under Chapter 12 of the Minnesota Statutes. All staff and City Council members will be participating by telephone or other electronic means. All actions votes will be recorded as roll call votes.

2. AGENDA APPROVAL

Caron moved, Hersman seconded, to approve the December 1, 2020 City Council Work Session Agenda. On a roll call vote, Caron, Hersman, Kurschner and Carlson voted yes. Motion carried 4/0.

3. 2021 PRELIMINARY BUDGET

Finance Officer Potter presented an updated general fund budget with two scenarios. Scenario A includes a levy increase of 11.37% with a debt levy of $60,000 and Scenario B includes a levy increase of 8% with $29,500 set aside for future projects. City Engineer Dawley gave an overview of staff’s recommendation for a bond, which includes the following projects: East Parking Lot, Replace 1978 Lift Station at Excelsior Boulevard, 2021 Pavement Management – Water Quality Projects PMP 6b and 7b, and

Minutes City Council Work Session December 1, 2020 Page 2

Water Street Mill & Overlay: Option 1. The Council asked staff about the recommended projects and discussed the Pavement Management Plan. Finance Officer Potter presented revenues and expenses for the General Fund. The Council asked questions and directed staff to include $75,000 in the general fund budget for new parking meter revenue. The Council took a break from the work session until 5:15 p.m. to give staff time to calculate revised scenarios. The Council directed staff to create scenarios with a 13.2% levy increase, a 11.37% levy increase, and reducing the levy by $75,000.

4. ADJOURNMENT

Kurschner moved, Dierking seconded, to adjourn the work session at 5:42 p.m. On a roll call vote, Kurschner, Hersman and Carlson voted yes. Motion carried 5/0.


12/03/20 6:06 PM

BATCH CHECK REGISTER

CITY OF EXCELSIORPage 1

COUNCIL CHECK REGISTER A/P

Batch Name Search Name Amount CHECK #

111920PAY AME ELECTRIC INC. $987.20 086977

111920PAY AMERICAN WATER WORKS ASSN $344.00 086978

111920PAY BRAD PETERSON $40.00 086985

111920PAY BRAUN INTERTEC CORPORATION $4,909.00 086986

111920PAY CADY BUILDING MAINTENANCE $386.00 086988

111920PAY CENTERPOINT ENERGY $63.77 086989

111920PAY ECM PUBLISHERS INC. $208.25 086992

111920PAY EVENTFULLY YOURS, LLC $2,295.00 086994

111920PAY FERGUSON WATERWORKS $6,450.00 086995

111920PAY METROPOLITAN COUNCIL $77,868.40 087002

111920PAY MINNESOTA DEPT OF HEALTH $1,877.00 087003

111920PAY NORTHDALE CONSTRUCTION CO. INC $413,172.08 087005

111920PAY SHOREWOOD TRUE VALUE $6.49 087007

111920PAY SOUTH LAKE MTKA POLICE DEPT $150.00 087008

111920PAY THE GREENER BLADE $223.00 087009

111920PAY U S BANK $500.00 087011

111920PAY UNITED RENTALS NORTH AMERICA $308.34 087012

111920PAY US BANK EQUIP FINANCE $313.09 087013

$510,101.62Batch Name 111920PAY

113020PAY ASPEN EQUIPMENT CO $1,065.00 086979

113020PAY BAKER GROUP INC. $3,249.00 086980

113020PAY BARR ENGINEERING COMPANY $244.50 086981

113020PAY BARTLETT TREE EXPERTS $456.00 086982

113020PAY BIFFS INC $1,101.54 086983

113020PAY BLUETARP FINANCIAL $39.98 086984

113020PAY BROADWAY RENTAL EQUIPMENT CO. $275.00 086987

113020PAY CADY BUILDING MAINTENANCE $486.20 086988

113020PAY CENTERPOINT ENERGY $146.14 086989

113020PAY COORDINATED BUSINESS SYSTEMS $123.75 086990

113020PAY DPC INDUSTRIES INC $60.00 086991

113020PAY ERRAND BOY SERVICES INC $50.00 086993

113020PAY FERGUSON WATERWORKS $1,205.28 086996

113020PAY FERGUSON WATERWORKS $690.00 086997

113020PAY HENN COUNTY TREASURER *** $189.73 086998

113020PAY INDELCO PLASTICS CORPORATION $773.36 086999

113020PAY KENNEDY & GRAVEN, CHARTERED $100.80 087000

113020PAY NCPERS GROUP LIFE INS $16.00 087004

113020PAY PREFERREDONE INSURANCE COMPANY $4,566.27 087006

113020PAY SHOREWOOD TRUE VALUE $196.79 087007

113020PAY XCEL ENERGY $488.60 087015

$15,523.94Batch Name 113020PAY

120120PAY LAKE MTKA CONSERVATION DISTR* $2,305.00 087001

120120PAY THE WATERS $98,411.48 087010

120120PAY WYER PEARCE LLC $49,598.06 087014

Batch Name Search Name Amount CHECK #

Page 2

12/03/20 6:06 PM

BATCH CHECK REGISTER

CITY OF EXCELSIOR

COUNCIL CHECK REGISTER A/P

$150,314.54Batch Name 120120PAY

$675,940.10

10100 Unposted

Page 1

12/03/20 6:09 PMCITY OF EXCELSIOR

*Check Detail Register©

Amount CommentInvoiceCheck # Check Date Vendor Name

10100 CASH

0 12/03/20 VJAA, INC

$35,533.90 COMMON S BANDSHELL & CONCESSION STANDProfessional Srvc 201125E 403-45200-300

$35,533.90Total

10100 CASH $35,533.90

Fund Summary

10100 CASH

101 GENERAL FUND $28,028.65

403 PARK IMPROVEMENTS $265.50

601 WATER $1,052.84

610 SEWER $15,663.80

620 SOLID WASTE $11,795.39

670 LEASED DOCKS $2,865.80

$59,671.98

BACKGROUND/SUMMARY

At its May 18, 2020 meeting, the Council adopted Ord. No. 606, which temporarily lifted certain restrictions in response to restrictions mandated by Governor Walz in response to COVID-19. This ordinance was only effective until December 31, 2020. Because restrictions continue to remain in place in response to COVID-19, this ordinance should be extended to June 1, 2021, at which time the Council may reevaluate the need to further extend the ordinance. If restrictions lift before this time, the Council also has the option of again amending the ordinance so that the standards that were lifted as a result of this ordinance are again put in place. The Council waived the first reading of this ordinance at their November 16, 2020 meeting.

COUNCIL ACTION

The Council should waive the second reading of and adopt Ord. No. 621 extending Ord. No. 606.

ATTACHMENTS • Ord. 621

Date:

7(b)2 Extension of Ord. No. 606 for Bu siness S upport

Emily Becker, Planning Director

City Council

MEMORANDUMRe:

To:

December 7, 2020

From:

ORDINANCE NO. 621

AN ORDINANCE EXTENDING ORDINANCE NO. 606

The City Council of the City of Excelsior hereby ordains as follows: Section 1. PREAMBLE.

Due to the required business closures ordered by Governor Walz in response to COVID-19, the City of Excelsior seeks to aid businesses within the City through temporarily lessening certain restrictions and decreasing certain fees and did so by adopting Ord. No. 606 at their May 18, 2020 meeting. Because Ord. No. 606 was only effective through December 31, 2020 and because restrictions still remain in place in response to COVID-19, the City hereby extends Ord. No. 606 through June 1, 2021.

Section 2. Amendment. Section 37-2 of the Excelsior Zoning Code shall be amended as follows: (b) Conditions of approval. In addition to the general standards and criteria provided in article 8 of this Appendix E, an outdoor sidewalk café may be allowed provided that:

(1) Café area shall be limited to the area directly adjacent to the property owned and/or operated by the primary restaurant or café. Café area may extend beyond the property owned and/or operated by the primary restaurant or café provided there is a written agreement from the adjacent storefront business or property owner and primary restaurant and placement of tables and chairs has minimal impact on the storefront in front of which the café area is placed and does not interfere with such business’ operation. If the café area is proposed on private property beyond the property owned and/or operated by the primary restaurant of café, written permission from the owner of property on which the café area is proposed is required. Café area may also extend to a parking lot and/or area other than a sidewalk adjacent to restaurant building without written permission so long as it remains on the property.

2

(12) Outdoor sidewalk cafes shall be exempt from review by the Heritage Preservation Commission.

Section 3. Amendment. Section 19-7 (b) of the Excelsior Zoning Code shall be amended as follows: (18) Restaurants, cafes, bars, taverns, night clubs. In order to allow increased seating capacity, parking requirements for existing restaurants, cafes, bars, taverns and night clubs shall be temporarily waived.

a. For facilities with liquor, one space for each three seats based on capacity design or where there is no design layout, one space for each 42 square feet of gross floor area. b. For facilities without liquor, one space for each eight seats based on capacity design or where there is no design layout, one space for each 84 square feet of gross floor area.

Section 3. EFFECTIVE DATE. This ordinance shall become effective upon passage and publication.

Adopted by the City Council of the City of Excelsior, Minnesota, this 16th day of November, 2020.

_____________________________ Todd R. Carlson, Mayor

ATTEST: _________________________ _____________________________ Emily Becker, Acting City Clerk Kristi Luger, City Manager First Reading of Ordinance: November 16, 2020

3

Second Reading of Ordinance and Adoption: December 7, 2020 Publication of Ordinance: December 17, 2020 Effective Date: January 16, 2021

SUMMARY

Currently, the City Code allows for administrative citations to be issued for violations to Appendix E, the Zoning Code and Chapter 16 - Environment. In order to be able to enforce other aspects of the City Code utilizing administrative citations, the Code should be changed to allow the City to issue administrative citations for violations of other parts of the Code. At its last meeting, the Council did not direct staff to make any changes to the ordinance but did ask that staff increase the amount of the fines for numerous violations over a period of 24 months. As directed, staff has amended the Resolution for repeared violations as such:

Subsequent Violations: As Previously Proposed

2nd Citation within 24

months: 25% increase over

scheduled civil penalty

3rd Citation within 24



4th Citation within 24



Subsequent Violations: As Amended

2nd Citation within 24



Date:

Item 7(b)3 - Administrative Penalties Ordinance


City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

3rd Citation within 24



4th Citation within 24



RECOMMENDED COUNCIL ACTION It is recommended that the Council waive the second reading and adopt Ord. 618 amending the

administrative penalties ordinances to allow administrative penalties for violations of additional

portions of the City Code and adopt Resolution 2020-68 setting forth administrative penalty fees.

ATTACHMENTS 1) Ord. 618 2) Resolution 2020-68 Amending Fee Schedule

City of Excelsior Hennepin County, Minnesota Ordinance No. 618

An Ordinance to Amend Chapter 3 – Administrative Penalties of the Excelsior City Code __ THE COUNCIL OF THE CITY OF EXCELSIOR HEREBY ORDAINS: SECTION 1. Amendment. That Chapter 3 – Administrative Penalties of the Excelsior City Code of Ordinances be amended as follows: Chapter 3 – Administrative Penalties Sec. 3-1. - Findings. The city council finds that there is a need for alternative methods of enforcing certain provisions of the City Code and Appendix E, the City Zoning Code and Chapter 8, Building and Building Regulations; Chapter 16, Environment; and Chapter 20, Historic Preservation of the City Code. While criminal and civil prosecution have been the most frequent enforcement mechanisms, using such mechanisms has proved to be ineffective and inappropriate. The delay inherent in either enforcement vehicleprosecution does not ensure prompt resolution. Also, cCriminal prosecution is often inappropriate because:

(1) ResidentsCitizens resent being labeled as criminals for violations of administrative regulations;

(2) The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations; and

(3) The criminal process does not always regard city code violations as being important. The civil prosecution mechanism is often too expensive to be appropriate for smaller scale violations. Accordingly, the city council finds that the use of administrative citations and the imposition of administrative penalties is a legitimate and necessary alternative method of enforcement that should be available in addition to any other legal remedy that may be pursued for violations of the City Code or Appendix E, the Zoning Code and Chapter 8, Building and Building Regulations; Chapter 16, Environment; and Chapter 20, Historic Preservation of the City Code.

(Ord. No. 455, § 1, 4-19-2010) Sec. 3-2. - General provisions.

(a) Any violation of Appendix E, the City Zoning Code (including the terms and/or conditions of any permits, variances, or other approvals under Appendix E, the Zoning Code), or c; Chapter 8, Building and Building Regulations; Chapter 16, Environment; and Chapter 20, Historic Preservation of the City Code is an administrative offense that may be subject to an administrative citation and administrative penalties. Each day a violation exists constitutes a separate offense.

(b) An administrative offense may be subject to an administrative penalty not exceeding $2,000.00.

(c) The city council shall adopt by resolution a schedule of fines for offenses initiated by administrative citation. The city council is not bound by that schedule when a matter is appealed to it for administrative review. The city council may also adopt a schedule of fees to be paid to administrative hearing officers.

(d) The city manager shall use the administrative citation program to encourage compliance with Appendix E, the City Zoning Code, or Chapter 8, Building and Building Regulations; Chapter 16, Environment; or Chapter 20, Historic Preservation or chapter 16 of the City Code. The city manager's efforts to encourage compliance may, but are not required to, include efforts to informally resolve the alleged violation of Chapter 8, Building and Building Regulations; Chapter 16, Environment; or Chapter 20, Historic Preservation chapter 16 of the City Code or any provision of Appendix E, the Zoning Code, before a citation is issued. Nothing herein is intended to require the city manager to issue an administrative citation or otherwise pursue the remedies outlined in this chapter. Nor is anything herein intended to prevent the city manager from pursuing other remedies authorized by law including, but not limited to, issuance of a stop work order, abatement, criminal prosecution, and/or application for civil injunctive relief. (Ord. No. 455, § 1, 4-19-2010; Ord. No. 528, § 1, 5-18-2015 ) Sec. 3-3. - Administrative citation.

(a) The city manager or his or her designee may issue an administrative citation upon belief that a violation of Appendix E, the City Zoning Code, or Chapter 8, Building and Building Regulations; Chapter 16, Environment; or Chapter 20, Historic Preservation chapter 16 of the City Code has occurred. The citation shall be issued in person or by certified mail to the person responsible for the violation. The citation shall state the date, time, and nature of the violation, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. In the event that the violation is a continuing violation, the citation may also include a notice of abatement pursuant to section 16-37 or a stop work order pursuant to section 10-7 of Appendix E, the Zoning Code.

(b) The person responsible for the violation shall either pay the scheduled fine or request a hearing within seven days after the effective date of the citation. Payment of the fine constitutes admission of the violation. A late payment fee of up to ten percent of the scheduled

fine amount may be imposed. (Ord. No. 455, § 1, 4-19-2010; Ord. No. 528, § 2, 5-18-2015 ) Sec. 3-4. - Administrative hearing.

(a) The city council will periodically approve a list of lawyers or other qualified individuals, from which the city manager or his designee will select a hearing officer to hear and determine a matter for which a hearing is requested. The city council may satisfy this requirement by contracting with another city or other outside vendor to provide and assign hearing officers. The citation recipientaccused will shall have the right to request no later than five days before the date of the hearing that the assigned hearing officer be removed from the case. One request for each case will be granted automatically by the city manager or his designee. A subsequent request shall be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The city enforcement officer may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the hearing officer shall remove himself or herself from the case, and another hearing officer will be assigned. The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stats. § 609.415. The hearing officer shall not be a city employee. The city manager shall keep a record of any complaints made regarding hearing officers, including comments from accused violators and city staff. This record shall be made available to the city council.

(b) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of a witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance.

(c) Notice of the hearing shall be served in person or by certified mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer shall tape record the hearing and receive testimony and exhibits. The officer shall receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.

(d) The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine

either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors:

(1) The duration of the violation; (2) The frequency or reoccurrence of the violation; (3) The seriousness of the violation; (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic impact of the penalty on the violator; (8) The impact of the violation upon the community; and (9) Any other factors appropriate to a just result.

The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that:

(1) The violation caused a serious threat of harm to the public health, safety, or welfare; or that

(2) The accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons shall be in writing.

(e) Except for matters subject to administrative review under section 3-5, the decision of the hearing officer is final without any further right of administrative appeal. In a matter subject to administrative review under section 3-5, the hearing officer's decision may be appealed to the city council by submitting a request in writing to the city clerk within ten days after the hearing officer's decision.

(f) The failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause" are death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness and intentional delay. (Ord. No. 455, § 1, 4-19-2010) Sec. 3-5. - Administrative review.

(a) The hearing officer's decision in any of the following matters may be appealed by a party to the city council for administrative review:

(1) An alleged failure to obtain a permit or other approval from the city council as required by Appendix E, the City Zoning Code or Chapter 20 of the City Code; and

(2) An alleged violation of a permit, license, other approval, or the conditions

attached to the permit, license, or approval, that was granted by the city council pursuant to Appendix E, the City Zoning Code or Chapter 20 of the City Code. (b) The appeal will be heard by the city council after notice served in person or by

registered mail at least ten days in advance. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer's decision provided that the city council shall have the right to limit the length of the oral or written arguments as it sees fit.

(c) The city council shall consider the record, the hearing officer's decision, and any additional arguments before making a determination. No evidence not submitted at the hearing before the hearing officer shall be considered by the council. The council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The council's decision shall be in writing.

(d) If the council makes a finding of a violation, it may impose an administrative penalty not exceeding $2,000.00 per day per violation, and may consider any or all of the factors contained in subsection 3-4(d). The council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions.

(e) In addition to imposing an administrative penalty, the council may suspend or revoke a city-issued permit or other approval associated with the violation. (Ord. No. 455, § 1, 4-19-2010) Sec. 3-6. - Judicial review. An aggrieved party may obtain judicial review of the decision of the hearing officer or the city council by proceeding under a writ of certiorari in district court. (Ord. No. 455, § 1, 4-19-2010) Sec. 3-7. - Recovery of administrative penalties.

(a) If an administrative penalty is not paid within the time specified, it will constitute: (1) A lien on the real property upon which the violation occurred if the property

or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or

(2) A personal obligation of the violator in all other situations. (b) A lien may be assessed against the property and collected in the same manner as

taxes. (c) A personal obligation may be collected by appropriate legal means. (d) A late payment fee of ten percent of the fine may be assessed for each 30-day

period or part thereof that the fine remains unpaid after the due date. (e) During the time that an administrative penalty remains unpaid the violator shall be

ineligible to receive any permit or other approval required by Appendix E, the City Zoning Code or

Chapter 20 of the City Code.

(f) Failure to pay a fine is grounds for suspending or revoking a permit or other approval related to the violation. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect 30 days after its passage and publication. Adopted by the Council of the City of Excelsior, Minnesota this __ day of December 2020.

Todd R. Carlson, Mayor ATTEST: ______________________________ Emily Becker, Acting City Clerk Kristi Luger, City Manager First Reading: November 16, 2020 Second Reading and Adoption: December 7, 2020 Publication of Ordinance: December 17, 2020 Effective Date: January 19, 2020

Type of Fee Conditions or Terms

Amount (in

dollars)

Renewal Amt. if

Paid After 12/15

City of Excelsior

Resolution No. 2020-68

A Resolution Setting

License and Permit Fees and Utility Rates

WHEREAS, Chapter 2, Article V, Division 1, Section 2-192 of the City Code allows for the City Council to change, amend, or revise

licensing, permit, business, and application fees or charges from time-to-time by Resolution; and

WHEREAS, the administrative costs for regulating business activities, development activities, and recreational activities in the City

should be born by the users;

WHEREAS, the additional administrative costs of renewals of licenses and permits after various dates for regulating business

activities, development activities, and recreational activities in the City should be born by the users.

NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Excelsior, Minnesota, the following fees has been added to the

City of Excelsior 2020 fee schedule and is hereby established effective November 16, 2020 upon the passage and adoption of this

Type of Fee Conditions or Terms

Amount (in

dollars)

Renewal Amt. if

Paid After 12/15

Administrative Enforcement Type of Violation Amount

Violations of Chapter 8 - Buildings and Building Regulations $200.00

Violations of Chapter 16 - Environment $100.00

Violations of Chapter 20 - Historic Preservation $100.00

Violations of Appendix E - Zoning Code (except of Section

12-9 Tree preservation and protection)$300.00

Violations of Section 12-9: Tree preservation and protection

$1,000 per 4.5"

caliper tree

replacement

requirement as per

Section 12-9(g) 2nd Citation within

24 months: 50%

increase over

scheduled civil

penalty3rd Citation within

24 months: 100%

increase over

scheduled civil

penalty4th Citation within

24 months: 200%

increase over

scheduled civil

penalty

Adopted by the City Council of the City of Excelsior, Minnesota this 7th day of December 2020.

ATTEST:

Lynette R. Peterson, City Clerk

______________________________

Todd R. Carlson, Mayor

______________________________

Kristi Luger, City Manager

Subsequent Violations

SUMMARY

At its last meeting, the City Council reviewed a proposed ordinance to make a number of amendments to Appendix E of the Zoning Code. The Council had asked that staff clarify proposed language amendments to the General Stormwater Management Chapter with the Planning Commission and add language that addressed concerns regarding runoff of drainage onto other properties, causing negative impacts. Staff needs more time to properly word this language and so is continuing the item to the December 20, 2020 meeting. RECOMMENDED COUNCIL ACTION It is recommended that the Council continue item 7(b)4 – Second Reading of Appendix E

Ordinance Amendments to the December 20, 2020 meeting.

Date:

Item 7(b)4 – Appendix E Ordinance Amendments


City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

RMIT REPORT - November, 2020

Page 1 of 1

101-32210 101-34104 101-20801 101-34105

PERMIT COST PERMIT PLAN ADMIN

NO. DATE CONTRACTOR'S NAME LOCATION ESTIMATE FEE CHECK SURCHARGE FEE TOTAL

2020-70 11/2/2020 Kevin Nash Miller Design 539 Mill St $20,000.00 $339.25 $10.00 $100.00 $449.25

(re-roof)

2020-71 11/2/2020 Kevin Nash Miller Design 600 Lyman Pl $14,000.00 $230.75 $7.00 $70.00 $307.75

(re-roof)


(re-roof)

2020-73 11/3/2020 Kevin Nash Miller Design 532 Wheeler Dr $10,000.00 $191.75 $5.00 $50.00 $246.75

(re-roof)


(re-roof)

2020-75 11/3/2020 Koehnen Properties 463 Second St $15,000.00 $265.50 $172.50 $7.50 $75.00 $520.50(exterior alteration -

fire escape)

2020-76 11/9/2020 JS Stewart Companies 200 Lake St $200.00 $1.00 $201.00

(partial demolition)

2020-77 1/10/2020 StormPro Exteriors 615 Glencoe Rd $29,000.00 $456.00 $14.50 $10.00 $480.50

(re-roof)

2020-78 11/12/2020 Dan Brattland 7 George St $315,590.00 $2,352.75 $1,529.29 $158.00 $100.00 $2,070.02(house

move/foundation/exterior alterations)

2020-79 11/16/2020 Gates General Contractors 515 Wheeler Dr $15,755.00 $276.64 $7.88 $78.78 $363.30

(re-roof)

2020-80 11/17/2020 Lecy Bros 6 Third St $30,000.00 $4,956.75 $3,221.89 $400.00 $100.00 $4,339.32

(deck, porch, additon, fireplace, finish

basement, residing, chimeny, garage, interior alteration)

2020-81 11/24/2020 Minnesota Valley Roofing 765 Grant St $15,000.00 $265.50 $7.50 $75.00 $348.00

(re-roof)

2020-82 11/29/2020 Micheal Hayes Homes 246 West Lake Street $10,475.00 $206.50 $134.23 $5.50 $52.38 $398.61

(interior alterations)

2020-83 11/29/2020 Good News Construction 692 Glencoe Rd $4,735.00 $184.09 $2.37 $23.68 $210.14

(re-roof)

2020-84 11/30/2020 Pro-Tech Exteriors LLC 897 Third Ave $23,000.00 $383.50 $11.50 $100.00 $495.00

(re-roof)

$521,555.00 $10,662.98 $5,057.91 $646.75 $924.84 $10,883.14

The Liquor License establishments have submitted their renewal applications and paid the

appropriate fees for their 2021 Liquor Licenses. The investigations on the Liquor Licenses have

been completed and the applications have been reviewed and approved by Police Chief Meehan

and Interim City Clerk Emily Becker.

Attached for Council review is the list of liquor license applications received for 2021.

Council Action: Approve Resolution 2020-71 - Approving the 2021 Liquor License Renewals.

City Council Emily Becker, Planning Director

Date:

Re:

MEMORANDUM CITY OF EXCELSIOR

Item 7(b)6 – 2021 Liquor License Renewals

December 7, 2020

From: To:

City of Excelsior


A Resolution Approving 2021 Liquor Licenses __________________________________________________

WHEREAS, the City of Excelsior has received renewal applications and forms for 2020 Liquor Licenses; and NOW, THEREFORE, BE IT RESOLVED, that the following Licenses be approved, subject to the filing of insurance certificates approved by the City Attorney, submission of all required forms and documents, and all taxes, assessments, or other financial claims of the City of the State being paid in full:

INTOXICATING LIQUOR – ON SALE AND SUNDAY ON SALE

Coalition Restaurant 227 Water Street Lago Taco’s 30 Water Street Maynard’s Restaurant 685 Excelsior Boulevard The Suburban 342 Third Street Red Sauce Rebellion 205 Water Street Miyabi 400 Water Street Yumi’s Sushi Bar 217 Water Street Bull and Finch 200 Water Street

ON SALE WINE/BEER

318 The Mill 318 Water Street Dunn. Brothers 11 Water Street Olive’s Fresh Excelsior 287 Water Street The Waters of Excelsior, LLC 723 Water Street

OFF SALE

Excelsior Vintage 400 Highway 7 Wine Republic 287 Water Street Kowalski’s Excelsior Market 400 Water Street

COMBINATION (ON SALE, SUNDAY ON SALE)

Haskell’s 1 Water Street

BREWER OFF SALE

Excelsior Brewing Company 421 Third Street

BREWER ON SALE TAPROOM AND BREWER SUNDAY ON SALE TAPROOM Excelsior Brewing Company 421 Third Street

Resolution 2020-71 December 7, 2020 Page 2 of 2

Adopted by the Council of the City of Excelsior this 7th day of December 2020. _________________________ Todd R. Carlson, Mayor ATTEST: _________________________ ___________________________ Emily Becker, Interim City Clerk Kristi Luger, City Manager

At its July 20, 2020 meeting, the Council discussed food truck regulations and ultimately tabled the item to the December 7, 2020 meeting. Provided that the City has not received an additional request for food trucks since this time, staff feels that it would be more appropriate to discuss this item in the spring when it is expected that food trucks will come back into the City. Staff would recommend tabling this item to the April 5, 2021 meeting.

Council Action: Continue the Food Truck Discussion to the April 5, 2021 meeting.

City Council \Cus

Emily Becker, Planning Director E, City Clerk

Date:

Re:

MEMORANDUM CITY OF

EXCELSIOR

Item 7(b)7 Food Truck Discussion

December 7, 2020

From: To:

STAUNTONLAW MEMORANDUM 5277 lochloy drive edina, minnesota 55436

(952) 836.1020 TO: Mayor and City Council FROM: Kevin P. Staunton City Attorney RE: COVID-19 Local and State Emergency Update DATE: December 3, 2020 Status Update Per your standing directions, this memo provides an update on the status of the Peacetime Emergency first declared by Governor Walz on March 13 (via Executive Order 20-01) and extended on April 13 (via Executive Order 20-35), May 12 (via Executive Order 20-53), June 12 (via Executive Order 20-75), July 13 (via Executive Order 20-78), August 12 (via Executive Order 20-83), September 11 (via Executive Order 20-89), October 12 (via Executive Order 20-89) and November 12 (via Executive Order 20-97). The status of the State of Emergency declared by Governor Walz is important because you have declared a local state of emergency that is dependent in part on continuation of the statewide Peacetime Emergency. The local state of emergency was initially declared by Mayor Carlson on March 25, 2020 and subsequently extended by the full city council via resolutions adopted on March 26, April 20, May 18, June 15, July 6, August 17, September 9, October 5, and November 16. The local emergency currently is set to expire on December 16, five days before your next meeting scheduled for December 21. It is anticipated that Governor Walz will extend the Statewide Peacetime Emergency on or before December 12, 2020. Recommended Next Steps I have drafted a resolution that extends your declared local state of emergency for another 30 days until January 15, 2021. As with previous declarations, this extension would continue for 30 days or until the Governor’s Peacetime Emergency is lifted, whichever is earlier. Of course, it could also be lifted at any time by subsequent action of the city council. As a reminder, the city has adopted emergency regulations pursuant to the authority provided by both the statewide Peacetime Emergency and the local emergency declaration. These regulations include a Pandemic Response Plan, a Public Works COVID-19 Emergency Response Plan, and a City Hall Continuation Plan. As we discussed with you at previous meetings, all three of these could be impacted to some extent by the orders issued by Governor Walz; in the event that changes are necessary, Kristi and Tim will advise you regarding recommendations for public works, city hall, and staff management.

Mayor and City Council December 3, 2020 Page 2 Continuation of Virtual Meetings Since you last extended the local emergency declaration, Governor Walz has issued Executive Order 20-99 which rescinded Executive Order 20-74 (and its steps for safely reopening Minnesota’s economy and ensuring safe non-work activities during the Peacetime Emergency). Executive Order 20-99 imposed new restrictions on certain activities to respond to an increase in the severity of the pandemic in Minnesota. That order, however, maintains the guidance that, “Remote meetings are strongly encouraged whenever possible.” See Executive Order 20-74 § 6.c.i. Staff continues to recommend continuation of virtual meetings via the Zoom platform for the reasons outlined in my May 15 memo. Recent Executive Order Affecting Special Events As advised last month, Executive order N0. 20-99 imposes additional restrictions on certain types of gatherings and certain restaurant and liquor service establishments in response to a surge in COVID-19 infections in the state and the country. In conjunction with the issuance of EO 20-99, the State has issued new Guidance for Non-Seated Recreational Entertainment & Meetings (see attached copy updated effective November 20, 2020). This new Guidance prevents the conduct of many of our special events and forced the cancellation of the Christkindlsmarkt event late last month. It remains in effect through at least Friday December 18. RECOMMENDED ACTION: Approve the draft resolution extending the local emergency and direct staff to continue remote meetings until further notice. cc: Kristi Luger Amy Edwards

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COVID-19 Non-Seated Recreational Entertainment and

Meetings under Executive Order 20-99

1 1 / 1 8 / 2 0 2 0

At this time, in accordance with Executive Order 20-99 (EO), activities as described below are paused

and not allowed for four weeks, from Friday, Nov. 20, 2020 at 11:59 p.m. through Friday, Dec. 18,

2020 at 11:59 p.m.as described below:

Executive Order 20-99

Why are we dialing back on certain activities for four weeks?

Throughout the month of November, the data has made clear with each passing day that we need to

take decisive and aggressive action to contain the most recent phase of the pandemic. Minnesota

recently topped 200,000 total confirmed COVID-19 cases for the first time. It took Minnesota more than

6 months to record 100,000 COVID-19 cases, but only 42 days to add an additional 100,000 new cases.

We averaged a state record of almost 6,000 cases per day over the previous week, breaking single-day

records for COVID-19 deaths (58) on Nov. 11 and new cases (8,689) on Nov. 14. The Minnesota

Department of Health’s (MDH) most recent weekly COVID-19 report found that the current average

rates of new COVID-19 cases, hospitalizations and intensive care unit admissions, and deaths are the

highest they have been since the start of the pandemic, far exceeding the numbers we saw in the worst

points of our surges in April and May. We need strong action to control our future case numbers.

EO requirements

The full executive order (EO) with all requirements can be found at Executive Orders from Governor

Walz (https://mn.gov/governor/news/executiveorders.jsp).

Social gatherings prohibited. Social gatherings are groups of people 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

https://mn.gov/governor/news/executiveorders.jsp


R E C R E A T I O N A L E N T E R T A I N M E N T & M E E T I N G S V E N U E S

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spontaneous gatherings as well as public and private gatherings. Most commercial activities are not

considered social gatherings, so this change will not impact most industries.

Business and activities are affected differently. For a full listing of all business and activity

requirements and limitations, see the full executive order at Executive Orders from Governor Walz

(mn.gov/governor/news/executiveorders.jsp) and applicable COVID-19 Preparedness Plan

Requirements Guidance. Many, but not all, businesses will have to pause in-person activities for the

next four weeks. Please review the guidance below for industry-specific requirements.

Masks and face coverings required. Executive Order 20-81, requiring face coverings in certain

settings, remains in full force and effect.

People at higher risk. All people currently living within the State of Minnesota who are at higher risk

of severe illness from COVID-19, as defined by Executive Order 20-55, are strongly urged to stay at

home or in their place of residence and follow the provisions of Executive Order 20-55.

Work from home. All people who can work from home must continue to do so.

EO requirements and COVID-19 Preparedness Plan Requirements Guidance for Non-Seated Recreational Entertainment and Meetings

For the four weeks, this Non-Seated Recreational Entertainment Venues and Meetings will operate

under the following provisions:

All Non-Seated Recreational Entertainment Venues are closed to members of the public. Only

essential workers, including performers and athletes, are to enter any venue to perform work.

Members of the public are not allowed to enter a Non-Seated Recreational Entertainment venue,

including as spectators of live events, under Executive Order 20-99.

Drive-Thru Experiences: Outdoor Recreational Entertainment Venues are permitted to offer drive-thru or drive-in experiences, provided:

▪ Members of the public remain within their private vehicles at all times.

▪ Any food, beverage, merchandise, or other products/materials are offered in a manner that does not require members of the public to leave their vehicles.

▪ Venues must follow all requirements in Vehicle Gatherings, Parades, and Drive-Ins (https://www.health.state.mn.us/diseases/coronavirus/vehiclegather.pdf).

No Recreational/Entertainment Allowed: No business or other entity (e.g., farms, restaurants, bars,

retail stores, malls, hotels, convention centers, transportation vehicles) may offer, provide, permit,

or maintain any recreational or entertainment facilities, activities, attractions, or spectacles (e.g.,

stage-shows, recreational tractor-rides, wagon-rides, hay-rides, petting zoos, Santa meet & greets,

games, children’s activities, and other similar activities and attractions) during the four week period

unless permitted under Executive Order 20-99.

All meetings, including training, and conferences, are prohibited at venues during the four week time-period, with the following exceptions:

Professional Testing/Licensure: Venues are permitted to host in-person training, testing,

examinations, and other activities that are necessary for occupational certification, licensure, or to

meet a requirement to conduct a trade or business. Venues and administrators of training, testing,



https://www.health.state.mn.us/diseases/coronavirus/vehiclegather.pdf

https://www.health.state.mn.us/diseases/coronavirus/vehiclegather.pdf


3 of 27

examinations and other activities that are necessary for occupational licensure or certifications are

encouraged to offer remote or virtual options wherever possible and must follow the guidance and

Preparedness Plan requirements in this document.

Food and beverages may not be offered or permitted by recreational entertainment venues for onsite consumption.

▪ Seating areas in food and beverage service areas must be closed.

▪ Food and beverages may be offered for offsite consumption.

▪ Workers of recreational entertainment venues may purchase food and beverage to consume within designated worker break areas.

To the extent activities of non-seated recreational entertainment venues and meetings are not paused and are allowed by EO 20-99, the provisions in the COVID-19 Preparedness Plan Requirements Guidance for Non-Seated Recreational Entertainment and Meetings below, continue to be applicable to those activities, unless modified by the above provisions, and must continue to be complied with


4 of 27

COVID-19 Preparedness Plan Requirements Guidance for

Non-Seated Recreational Entertainment and Meetings

U P D A T E D N O V E M B E R 1 8 , 2 0 2 0

Businesses and employers identified as “recreational entertainment venues” are included in this

guidance, and involve those venues, both indoor and outdoor, that are not “seated venues”, and whose

attendees (“patrons”) intermingle, walk-around, and/or remain active within or throughout the venue.

For the purposes of this guidance, recreational entertainment venues are characterized as those where

admission and occupancy can be relatively controlled and are somewhat predictable, the nature of the

venue presents concerns with congregation and congestion as patrons wander and navigate throughout

the venue, and gather and/or intermingle with other patrons.

Indoor Venue: For the purposes of this guidance, an “indoor venue” involves any area, building,

structure, or other enclosure that is enclosed on at least two sides by walls, barriers, or partitions,

whether temporary or permanent, and are also covered at least 50% by a ceiling, cap, canopy, or

other similar means, whether temporary or permanent. Examples of indoor venues may include, but

are not limited to, buildings, towers, stadiums, arenas, theaters, rotundas, domes, tents, pavilions,

and trailers.

Seated Venue: For the purposes of this guidance, a “seated venue” involves those with which every

patron maintains an individually allocated, reserved, or assigned seat or similar accommodation,

which is located at a designated location and fixed space within the venue, and is able to remain

seated throughout their attendance at the venue.

See guidance for “Seated Entertainment” for seated entertainment venues, both indoor and

outdoor.

As required by executive orders issued by Gov. Tim Walz under the Peacetime Emergency, businesses

(“venues”) must develop and implement COVID-19 Preparedness Plans that addresses the hazards of

COVID-19 transmission. Unless clearly indicated that an action included in the guidance is

recommended, businesses should understand that the action is required if applicable to their business.

In instances where the guidance uses language “to the extent possible,” the action is required but only

to the extent it is possible for the business to implement the requirement.

Businesses must address all the guidance requirements applicable to their operations in their

COVID-19 Preparedness Plans and as set out in each of the components below.

Businesses must assign a designated Plan administrator to ensure the Plan is evaluated, monitored,

executed, and updated.


5 of 27

Businesses must ensure the plan is posted at all the business’s worksites in readily accessible

locations (or is distributed to workers electronically) to allow for the plan to be readily reviewed by

all workers, as required.

Worker protections and protocols for all workplaces

For the purposes of this guidance, a “worker” includes all staff and employees associated with the

business. All workers, including subcontractors, independent contractors, athletic performers,

entertainment performers, vendors, delivery personnel, contract, seasonal, part-time or temporary

workers, however categorized, who are present in the business as a condition of employment are

required to be covered by a COVID-19 Preparedness Plan. Volunteers are also to be included as

“workers.” All workers must be properly trained on and adhere to the business’s policies, protocols, and

practices as outlined within this guidance. A “worker” does not include “patrons” (i.e., customers,

clients, spectators, attendees, guests), whether paying or non-paying, whose role is strictly that of a

participant, audience-member, or observer.

In addition, a “business” and/or “venue” includes all businesses that maintain any level of authority,

responsibility, or control for locations where work is being performed, which may include, but not

limited to, businesses, facility owners and/or operators, staffing and temporary labor agencies, and

public entities. For the purposes of this guidance, and consistent with multi-employer work-sites, work

being performed and/or work-sited may have more than one business with authority, responsibility or

control (e.g., facility owner and tenant, building operator and cleaning services contractor), all of which

maintain equitable responsibility for ensuring the proper implementation and execution of a COVID-19

Preparedness Plan.

ENSURE SICK WORKERS STAY HOME

Requirements

1. Establish health screening protocols for workers at the start of each shift (e.g., health screening

survey, taking temperature). A health screening must be conducted for each business’s workers

upon arrival and check-in at work. See the Minnesota Department of Health (MDH)’s Visitor and

Employee Health Screening Checklist

(www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf). The checklist is also available

in Hmong, Somali, and Spanish on the Businesses and Employers: COVID-19 web page

(www.health.state.mn.us/diseases/coronavirus/businesses.html).

2. Workers must be stopped from entering the venue if their responses to the health screening

indicates they are experiencing symptoms of COVID-19 or have tested positive for COVID-19 and

they should be sent home immediately. If workers begin experiencing symptoms of COVID-19 while

at the venue, they must also be sent home immediately. If workers cannot be sent home

immediately, they must be isolated in a closed room or remote area of the venue until they can be

sent home.

3. Establish a protocol for workers to report, whether at home or at work, when they are experiencing

COVID-19 symptoms, have tested positive for COVID-19 or have been in close contact with a person

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with COVID-19 symptoms or who has tested positive for COVID-19 and a return-to-work protocol for

workers who are required to isolate or quarantine, following MDH guidance COVID-19 and When to

return to work (www.health.state.mn.us/diseases/coronavirus/returntowork.pdf).

Workers who are experiencing COVID-19 symptoms, have tested positive for COVID-19 or have

been in close contact with a person with COVID-19 symptoms or who has tested positive for

COVID-19 must be instructed not to report to work until their isolation or quarantine period is

completed.

4. Establish a protocol for identifying and communicating with workers who may have been exposed to

a person with COVID-19 symptoms or who has tested positive for COVID-19 while at work. Follow

Centers for Disease Control and Prevention (CDC) General Buisness Frequently Asked Questions

(www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html) and CDC Interim

Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May

2020 (www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html).

▪ If a worker is confirmed to have COVID-19, the protocol must include informing the venue’s

other workers who have been in close contact with the infected worker, as well as their

respective employers (where applicable), of the possible exposure to COVID-19 while at work.

An individual must be designated to gather information from workers who may be sick with

COVID-19 and to engage in needed communications, while ensuring the privacy of infected

workers is maintained in accordance with Equal Employment Opportunity Commission (EEOC)

guidance (www.eeoc.gov/transcript-march-27-2020-outreach-webinar).

5. Establish protocols for workers to return to work, and follow MDH Guidance. COVID-19 and When to

return to work (https://www.health.state.mn.us/diseases/coronavirus/returntowork.pdf)

6. Provide accommodations for “high risk” and vulnerable populations. See CDC’s People Who are at

Higher Risk for Severe Illness (People Who are at Higher Risk for Severe Illness

(www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html).

Vulnerable workers should be encouraged to self-identify, and employers should avoid making

unnecessary medical inquiries. Employers should take particular care to reduce these workers’ risk

of exposure.

7. Evaluate and adjust sick leave policies to reflect the need for isolation and incentivize workers who

are sick to stay home. Clearly communicate sick leave policies to all workers.

SOCIAL DISTANCING – WORKERS MUST BE AT LEAST 6 FEET APART

Requirements

1. Maximize remote-working – Workers who are able to work from home must work from home.

2. Hold virtual or online meetings, when possible.

3. Ensure physical distancing is maintained in all work areas, including at workstations, ticket-booths,

concession areas, rental areas, locker-areas, access points to rides/arenas, break rooms, etc.

▪ Provide for 6 feet of physical distancing in work areas, storage areas, break areas, locker and

changing areas, meeting areas, copy-rooms, parking areas, etc.

https://mn365.sharepoint.com/sites/DLI_COVID-19-SectorGuides/Shared%20Documents/Amusement%20-%20Small%20Venues/Entertainment%20-%20Recreational/COVID-19%20and%20When%20to%20return%20to%20work%20(https:/www.health.state.mn.us/diseases/coronavirus/returntowork.pdf)

https://mn365.sharepoint.com/sites/DLI_COVID-19-SectorGuides/Shared%20Documents/Amusement%20-%20Small%20Venues/Entertainment%20-%20Recreational/COVID-19%20and%20When%20to%20return%20to%20work%20(https:/www.health.state.mn.us/diseases/coronavirus/returntowork.pdf)

http://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html


https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html



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▪ Evaluate traffic patterns, congestion areas, “bottle-necks”, and “choke points” to reduce

crowding at entrances, reception areas, information counters, ticket-booths, concession areas,

rental-areas, locker-areas, access points to rides/arenas, in hallways, elevators, waiting areas,

break areas, common areas, etc.

▪ Designate one way entrances and exits wherever possible that facilitate 6-foot distancing.

▪ If time clocks are in use, consider alternatives such as phone-based apps, web-based apps or

cameras to clock workers in and out.

▪ Limit collective gatherings of workers to numbers that allow for social distancing to be

maintained, including during collective gatherings for training, meetings, and breaks.

▪ Ensure social queuing is established to provide and promote social distancing between multiple

workers, patrons, and visitors congregating and waiting to use facilities (e.g., restrooms,

handwashing, vending, cafeterias).

▪ Roving Workers: Ensure social distancing is maintained while workers are engaged in “roving”

activities (e.g., custodial, janitorial, maintenance, housekeeping, security, customer service,

stocking). Where activities must be performed while patrons and visitors are present, workers

must ensure social distancing is maintained (e.g., working in less congested areas, low-peak

periods, using stanchions, placement of carts).

▪ Custodial/Janitorial: Refer to additional guidance specific for “Janitorial and Custodial Services”

for workers performing janitorial, custodial, housekeeping, and other cleaning and maintenance

services.

4. Limit the number of people in restrooms, break areas, and cafeterias to allow for social distancing.

Create and designate additional break areas (including outside, when practical) for breaks and

meals. Revise break times to prevent congregating in cafeterias and breakrooms. Spread out or

remove tables and chairs in break areas so they are at least 6 feet apart and install barriers where

necessary.

5. Implement static assignment or “co-horting” of work crews to the extent possible. For example,

Rose, Tuan and Indigo always work together and are assigned to the same location or work area

every day, rather than reporting to different locations or work areas throughout the week or being

reassigned with different workers.

6. Limit worker interaction across floors, buildings, campuses, worksites, etc. Use walkie talkies or

headphones so workers can communicate from a distance.

7. Incorporate barriers, partitions, screens or curtains to maintain barrier protection between workers,

to the extent possible, where social distancing cannot be maintained.

▪ Office Cubicles/Shared Office Space: Where a larger number of workers assemble in a

workspace, and are assigned to individual workstations or cubes, reduce the number of workers

within the workspace, and/or reduce the number of workstations available, to ensure social

distancing can be maintained.

▪ Office Cubicles/Shared Office Space: Install and provide barriers/partitions in-between cube-

spaces, work-stations, and desk areas, in addition to maintaining social distancing, to provide

protective separation between workers while working at/within their workstations. The


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barriers/partitions must be of such dimensions as to ensure separation between workers

whether sitting, standing, or otherwise moving within the workspace. The use of

barriers/partitions must be used in addition to social distancing, and not used in replacement of

social distancing.

▪ Payment/Ticket/Merchandise/Concession/Reception/Information Counters: Install plastic

partitions between the workers and customers, clients, and visitors with ample space cut out

where items can be slid through.

Recommendations

1. Use staggered shifts, extended work hours and added shifts to reduce the number of workers on the

worksite.

2. Office Cubicles/Shared Office Space: Consider staggered work-schedules or workspace assignments

to further promote social distancing by assigning cube spaces diagonal from each other (as opposed

to immediate adjacent or across from each other).

3. Use arrows and other signage to mark one-way traffic flows at access-points, in aisles, hallways,

stairways and corridors.

4. Mark access points, staging areas, loading areas and other areas of congestion to provide for social

distancing of at least 6 feet, including floor markers for distance, lane lines and marking of adjacent

areas where workers may be congregating or waiting.

Worker hygiene and source controls

Requirements

1. Ensure workers regularly wash their hands. Instruct workers to regularly wash and/or sanitize their

hands, in particular when entering and exiting the business, before and after eating or drinking,

using tobacco products, using restroom facilities, and using devices, tools and equipment used by

other workers. Instruct workers to avoid touching their face with unwashed or unsanitized hands.

▪ Post “handwashing” and “cover your cough” signs.

2. Ensure handwashing and/or hand-sanitizer facilities are readily available and allow workers

sufficient time to engage in handwashing/sanitizing.

3. Ensure supplies in restrooms, portable toilets and handwashing/sanitizing stations are regularly

monitored and continually stocked.

4. Provide tissues or towels for proper cough and sneeze etiquette and provide no-touch trash bins.

5. Require workers to wear a face covering as required by Executive Order. As of July 25, 2020, per the

Governor’s Executive Order 20-81, people in Minnesota will be required to wear a face covering in

all public indoor spaces and indoor businesses. Additionally, the Executive Order requires workers

to wear face coverings when working in outdoor settings in situations where social distancing (i.e.,

keeping at least 6 feet of physical distance from other individuals not in the same household) cannot

be maintained. This Executive Order also requires workers, customers, or visitors to wear a face

covering when a business has opted impose stricter face covering requirements than the Executive

Order or when the applicable industry guidance requires wearing a face covering.


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This Executive Order includes exemptions for people who are unable to wear or tolerate a face

covering due to medical or mental health condition or other reasons—such as when wearing a face

covering would create a job hazard. There are also situations in which a face covering may be

temporarily removed. More information about face covering requirements and exemptions is

available MDH’s Facemasks and Personal Protective Equipment (PPE) Webpage

(www.health.state.mn.us/diseases/coronavirus/prevention.html#masks). You can also visit these

webpages: Face Covering Requirements and Recommendations under Executive Order 20-81

(www.health.state.mn.us/diseases/coronavirus/facecover.html) and Frequently Asked Questions

About the Requirement to Wear Face Coverings

(www.health.state.mn.us/diseases/coronavirus/facecoverfaq.html).

▪ Workers should maintain an adequate number of face coverings during their shift to change

face-coverings as they become saturated, dirty, or compromised.

▪ Launder reusable face coverings before each daily use according to CDC guidelines Use of Cloth

Face Coverings to Help Slow the Spread of COVID-19 (www.cdc.gov/coronavirus/2019-

ncov/prevent-getting-sick/diy-cloth-face-coverings.html)

6. Provide protective supplies when required, including non-medical source-control face coverings,

gloves, disinfectant, guards and shields to protect workers against the transmission of COVID-19

while they are working.

7. Do not discriminate or retaliate in any way against any worker for wearing face-coverings or

personal protective equipment, in accordance with Executive Order 20-54.

8. Clean and disinfect work-vehicles between the use of each worker or work-crew, before and after

each use.

9. Doors to multi-stall restrooms should be able to be opened and closed without touching the

handles, opening-devices, or powered door-operators with the hand, whenever possible. If the door

cannot be opened without touching the handle or door-operator with the hand, the business must

ensure a trash-receptacle is placed by the door to ensure a paper towel can be readily disposed of

when operating the door. The location and positioning of waste-receptacles should not interfere

with Life Safety requirements (e.g., egress, evacuation, emergency equipment) or any reasonable

accommodations provided under the Americans with Disabilities Act.

10. Community drinking stations and water-fountains must not be available or used unless protocols are

implemented to ensure frequent sanitation between users. Touchless water-filling stations may still

be provided.

11. Food must not be served nor shared communally.

12. Instruct workers to launder their clothing, uniforms, apparel and personal protective equipment

(PPE) daily according to clothing or detergent instructions. Encourage workers to maintain additional

apparel at work (e.g., shirts, sweatshirts) to minimize cross-exposure between work areas or

locations.

13. Ensure proper respiratory protection is still provided, used and maintained to protect workers from

other recognized health hazards as required (e.g., hazardous chemicals, particulates, and dust,

respirable silica, lead, asbestos).

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Recommendations

1. Encourage workers to maintain additional apparel at work (e.g., shirts, sweatshirts) to minimize

cross-exposure.

WORKPLACE BUILDING AND VENTILATION PROTOCOLS

Requirements

General Building Conditions: Businesses must assess the status and capacities of the utility-systems

within the building (e.g., ventilation, water-supply, sewer, gas), as well as potential issues associated

with vermin, molds, and mildew, prior to putting the building into an operational status.

1. Follow established protocols for starting mechanical, electrical, plumbing, life-safety, and other

systems after non-use according to the Authorities Having Jurisdiction.

2. Assess the building for indications of pest and vermin infestation, and consult a pest-control

professional as appropriate.

3. See CDC’s Guidance for Reopening Buildings After Prolonged Shutdown or Reduced Operation (www. cdc.gov/coronavirus/2019-ncov/php/building-water- system.html).

Ventilation System Start-up: Businesses must evaluate the operational capacity, and increase, improve,

and maintain ventilation provided throughout the building.

1. Increase the outdoor air-percentage to increase dilution of contaminants, and eliminate

recirculating, whenever possible, while maintaining indoor air-conditions.

2. For heating-ventilation-air-conditioning systems that recirculate air, businesses need to improve

central- air filtration to at least the MERV-13 or the highest compatible with the filter rack (at least

MERV-14 preferred), and seal the edges of filters to further limit by-pass around the filters.

3. Replace and upgrade air filters prior to re-occupancy.

4. Run systems on full economizer as outside air-conditions allow.

Day-To-Day Operations: Once systems are in a safe operational status, businesses should ensure the

following practices and protocols are maintained:

1. Continuously maximize fresh-air into the workplace, and eliminate air recirculation.

2. Maintain relative humidity levels of RH 40-60%

3. Add a flush cycle to the controls of the HVAC system, and run HVAC systems for 2-hours before and

after occupancy.

4. Minimize air-flow from blowing across people.

Recommendations

1. Check and rebalance the HVAC system to provide negative air-pressure whenever possible.

2. Supplement ventilation-system with the use of portable HEPA filter units whenever possible.

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3. Keep systems running longer hours (24/7 if possible) to enhance the ability to filter contaminants

out of the air.

4. Consult an HVAC professional or the American Society of Heating, Refrigerating and Air-Conditioning

Engineers to ensure proper ventilation is provided, and ventilation-systems are properly maintained.

See ASHRAE’s COVID-19 Preparedness Resources (www.ashrae.org/technical-resources/resources).

WORKPLACE CLEANING AND DISINFECTION PROTOCOLS

Requirements

1. Establish a documented sanitation schedule and checklist, identifying surfaces/equipment to be

sanitized, the agent to be used, and the frequency at which sanitation occurs.

2. Routinely clean and disinfect all areas, such as offices, restrooms, locker and changing rooms,

common areas, shared electronic equipment, machinery, tools, controls, etc.

3. Frequently clean and disinfect all high-touch items, such as doorknobs, countertops, barriers,

railings, handles, and other surfaces.

4. Clean and disinfect work-vehicles in-between the use of each worker or work-crew, before and after

each use.

5. Electronic devices (e.g., light-switches, circuit-breakers) should not be cleaned and disinfected with

a liquid agent. Consider covering switches/devices with a poly-covering that allows the user to

manipulate the device without touching the switch, and change out the poly-covering frequently.

Electronic devices must be sanitized only when disconnected from the power-source, and sanitized

in accordance with the listing/labeling requirements.

6. Whenever possible, assign a designated user/operator for each station, machine or piece of

equipment as opposed to allowing several users/operators to share stations, machines, or pieces of

equipment. If stations, machines, or pieces of equipment must be shared, disinfect between users.

7. Implement immediate cleaning and disinfecting of the workplace if a worker, patron or visitor

becomes ill with COVID-19. See CDC’s Cleaning and Disinfecting Your Facility

(www.cdc.gov/coronavirus/2019-ncov/ community/disinfecting-building-facility.html).

8. Select appropriate and ensure the needed supply of disinfectants – consider effectiveness and

safety. The U.S. Environmental Protection Agency’s (EPA) List N has identified a list of products that

meet EPA’s criteria for use against SARS-CoV-2. See EPA’s List N: Disinfectants for Use Against SARS-

CoV-2 (www.epa.gov/pesticide- registration/list-n-disinfectants-use-against-sars-cov-2).

9. Ensure all trash, refuse and debris is regularly disposed of and not allowed to accumulate, to

minimize the number of workers involved in the handling and disposal of materials.

10. Review product labels and Safety Data Sheets, follow manufacturer specifications, and use required

personal protective equipment for the product.

Recommendations

1. Personal equipment, tools and phones should not be shared or, if shared, should be disinfected

after each use.

https://www.ashrae.org/technical-resources/resources

https://www.ashrae.org/technical-resources/resources

https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19

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2. Encourage workers to sanitize high-touch points within their personal vehicle (e.g., handles, locks,

steering-wheels, instrument controls, switches, seatbelt) upon entering.

DROP-OFF, PICK-UP AND DELIVERY PRACTICES AND PROTOCOL

Requirements

1. Workers must maintain a distance 6 feet or greater from others during interactions while receiving

or exchanging deliveries.

2. Businesses receiving deliveries must do so via a contactless method whenever possible, including

deliveries at loading docks, reception areas and locations where workers can maintain a distance of

at least 6 feet from each other.

3. Whenever possible, businesses should attempt to do everything electronically (e.g., app, phone) to

eliminate the need for close contact between workers and delivery personnel.

4. Businesses providing deliveries must provide for contactless deliveries that promote delivery at a

doorstep or similar location where persons can maintain a distance at least 6-feet away while

verifying receipt of the delivery between the worker and the delivery person.

5. Workers must minimize the unnecessary exchanging or sharing of scanners, pens, or other tools

with delivery personnel.

6. Refer to additional guidance specific to “Transportation, Distribution, and Delivery Services” for

delivery-based activities and services.

Recommendations

1. Consider establishing delivery or pick-up locations outside of the building to minimize delivery

personnel having to enter.

2. Provide accommodations for drop-offs, pickups and deliveries, and delivery workers, and minimize

the need for delivery workers to enter the building (e.g., drop-off windows, secured lockers, teller-

windows, portable toilets).

COMMUNICATIONS AND TRAINING PRACTICES AND PROTOCOL

Requirements

1. All workers and members of management must be trained regarding COVID-19 exposure, as well as

applicable policies, procedures, practices, and protocols. The training must be provided by and paid

for by the business. The training must be provided in a manner and language that each employee

can understand, and must be adjusted to reasonably accommodate all limiting factors present. See

OSHA’s Resource for Development and Delivery of Training to Workers

(osha.gov/Publications/osha3824.pdf). See also Minnesota’s Small Assemblies for Testing and

Training for guidance with facilitating training for employees while addressing COVID-19 implications

(dli.mn.gov/sites/default/files/pdf/COVID-19_training_facilities.pdf).

2. Ensure their respective COVID-19 Preparedness Plans are posted at all worksites where workers are

present, in readily accessible locations, and are shared with and reviewed by all workers. Posting

https://www.osha.gov/Publications/osha3824.pdf

https://www.osha.gov/Publications/osha3824.pdf

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may be accomplished through electronic dissemination of the plan to all workers as long as workers

have access means to review electronic posting.

3. Ensure the required rules, protocols and practices are communicated to their workers and

adequately enforce their provisions.

4. Ensure the required rules, protocols and practices are required by businesses providing temporary,

part-time, seasonal and contract workers to the business.

5. Ensure their workers are provided with and use personal protective equipment necessary to

perform their work.

6. Use signage as reminders for workers, delivery workers, officials, patrons, and visitors of rules,

protocols and practices, including not to enter the business if they have COVID-19 symptoms, social

distancing, handwashing, use of source control face coverings and respiratory etiquette.

7. Workers must ensure they comply with and follow established rules and practices.

Recommendations

1. Communication to educate patrons about the steps being taken for their protection to mitigate the

spread of COVID-19 is strongly encouraged. Protective measures should be communicated to

patrons prior to, and at the start of, venue to both educate patrons as well as inform them of their

role in protecting the workers and all other persons.

2. Provide for on-going periodic audible announcements to patrons to remind of social distancing

protections and protocol.

Helping clients, customers, and visitors minimize transmission

Requirements

1. Expressly advise patrons not to attend if they are symptomatic.

2. Post signage at the entry into the venue, and provide additional messaging (e.g., web-sites,

advertisements, marketing), that if patrons or visitors do not feel well or have any symptoms

compatible with COVID-19, they must refrain from coming to the venue and are strongly

encouraged to stay home. They must also refrain from coming to the venue, and are encouraged to

stay home, if they have a household member experiencing symptoms compatible with COVID-19.

Refer to CDC’s What to Do if You are Sick or Caring for Someone Who is Sick

(www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/index.html).

3. If patrons or visitors begin to feel unwell while at the venue, they must leave immediately. If a

patron or visitor is a member of a household group at the venue, the entire household group must

also leave. See CDC’s Interim Guidance for Businesses and Employers Responding to Coronavirus

Disease 2019 (COVID-19), May 2020 (www.cdc.gov/coronavirus/2019-ncov/community/guidance-

business- response.html).

4. Advise patrons and visitors to wash and/or sanitize their hands upon entering the venue, and to

regularly wash and/or sanitize their hands while at the venue.

5. Require patrons and visitors wear a face covering, when required by Executive Order 20-81. More

information about face covering requirements and exemptions is available on the MDH website at

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Facemasks and Personal Protective Equipment (PPE) Webpage

(www.health.state.mn.us/diseases/coronavirus/prevention.html#masks). You can also visit these

webpages: Face Covering Requirements and Recommendations under Executive Order 20-81

(www.health.state.mn.us/diseases/coronavirus/facecover.html) and Frequently Asked Questions

About the Requirement to Wear Face Coverings

(www.health.state.mn.us/diseases/coronavirus/facecoverfaq.html). Cloth face coverings are NOT a

substitute for maintaining a physical distance of 6-feet from other people. For additional

information about cloth face covering and how to make, wear and wash them, refer to CDC Use of

Masks to Help Slow the Spread of COVID-19 (www.cdc.gov/coronavirus/2019-ncov/prevent-getting-

sick/diy-cloth-face-coverings.html).

6. Make sure each piece of equipment (e.g., terminals, carts, touch-screens) is wiped down before and

after each use by a patron, and dispose of the wipe accordingly. Examples include seating areas,

rental equipment, vending-machines, automated teller machines (“ATMs”), touch-screens, and

protective equipment.

Recommendations

Advise and encourage patrons and visitors to conduct a self-check of their body temperature the

day of their appointment and/or prior to arriving to the business.

Unless otherwise required by other sector-specific guidance (See “Personal Care Services”),

encourage patrons and visitors to review a screening survey that checks for COVID-19 symptoms,

close contacts with confirmed cases and quarantined cases, and out of state travel. The questions

would be the same as those completed by workers. MDH’s Visitor and Employee Health Screening

Checklist (www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf).

Post signage at the entry into the business, and provide additional messaging (e.g., web-sites,

advertisements, marketing), advising patrons and visitors of “high risk” to strongly consider

refraining coming to the business or postponing from the service. Persons who may be at higher risk

for severe illness should consider delaying seeking or providing these services. (See People Who Are

at Increased Risk for Severe Illness (www.cdc. gov/coronavirus/2019-ncov/need-extra-

precautions/people-at-higher-risk.html).

Strongly encourage patrons and visitors to wear a face-covering where not otherwise required,

including while near workers within the venue.

Additional protections and protocols

ADDITIONAL PROTECTIONS AND PROTOCOL FOR MANAGING OCCUPANCY

Requirements

1. Recreational Entertainment Venues, whether indoors or outdoors, must either (1) if the venue has

an established occupant capacity, reduce occupant capacity to no greater than 25%, not to exceed

250 patrons; or (2) if the venue does not have an established occupant capacity, limit occupant

capacity to that determined by the formula explained below, not to exceed 250 patrons. In all



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cases, occupant capacity cannot exceed that which allows workers and patrons to maintain social

distancing.

▪ If a venue has an established occupant capacity established by state or local authorities,

the Venue must reduce their occupant capacity to 25% of that established capacity, not to

exceed 250 patrons.

▪ If the occupant capacity for a venue is based upon the entire venue, then the venue must

reduce occupant capacity to 25% for the entire venue, not to exceed 250 patrons total.

▪ If separate occupant capacities are provided for individual areas within a single venue (e.g.,

multiple arenas within an amusement complex), then the venue must reduce occupant

capacity to 25% for each individual area, not to exceed 250 patrons for each individual area.

Each individual area must function independently of each other and have separate

entrances and exits.

▪ If a venue does not maintain an occupant capacity (e.g., outdoor field), the venue must

establish an occupant capacity by doing the following:

▪ The calculation of the occupant capacity is only to be used if the venue does not maintain an

occupant capacity, as established by applicable state or local authorities. Venues must

always ensure that an occupant capacity is not required to be established by applicable

state or local authorities. If an occupant capacity has not been established, and is not

required to be established, the venue may proceed in accordance with the following.

▪ First, determine the total area of space within the venue (in square feet) that is accessible

to, and may be occupied by, patrons during the venue.

▪ Second, ensure areas that are not accessible to patrons, such as worker only areas,

restricted areas (e.g., performers only, athlete locker-rooms), kitchens and food-prep areas,

janitorial areas, facilities areas, stairways, are not included when determining the area of

space.

▪ Third, subsequently divide the area by 113 (i.e. 113 square-feet per person; See US Fire

Administration’s Understanding the Impact of Social Distancing on Occupancy

(www.usfa.fema.gov/coronavirus/planning_response/occupancy_social_distancing.html).

This is the occupant capacity for the venue.

▪ The number of workers does not need to be included when considering occupant capacity for

the purposes of this guidance.

▪ If the number of patrons creates congregation, congestion and bottle-necking that does not

allow for proper social distancing and consistency with this guidance, the venue must further

reduce the number of patrons it allows to a level that achieves consistency with this guidance.

2. Limit the number of patrons allowed within the venue at one time, and do not exceed the required

percentage of occupant capacity or maximum number of patrons allowed where required.

3. Provide virtual, on-line, or delivery services as much as possible for patrons and visitors (e.g., ticket-

sales, pre-registration, arrangements, admission).

https://www.usfa.fema.gov/coronavirus/planning_response/occupancy_social_distancing.html



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4. For venues with multiple event-times, stagger event times as to minimize patrons from different

events arriving and congregating with one another.

5. Require advanced reservations and/or ticketing (e.g., on-line, app-based, email, will-call). Do not

allow walk-ins, impromptu purchases or admittance.

6. Allow only household groups to purchase tickets for adjacent seating in a single transaction.

However, a household group, also referred to as a “pod”, is limited to six people.

7. Ensure proper social distancing is maintained at all times between each household group or “pod”.

8. Limit persons coming into the venue as much as possible.

▪ Ensure all venues, including outdoor venues, maintain established and well-defined boundaries

as to promote well-controlled access, ingress, and occupancy.

▪ Indoor venues may rely upon the confines of the building/structure so long as ingress into the

venue can be effectively managed and controlled.

▪ Outdoor venues must ensure perimeters are established by means that will allow for the ingress

into the venue to be effectively controlled. Examples include fixed barriers, whether permanent

or temporary, such as adjacent buildings, walls, fencing, gates, barricades, retaining walls, or

natural barriers that prohibit access into the venue.

▪ Restrict access into the venue at entry only to patrons with tickets or reservations, and workers.

▪ If patron is a minor that requires supervision, ensure parent/guardian is registered in advance.

9. Ensure patrons respond to the screening-survey questions upon arrival and check-in, and verify that

they have read the screening-survey and can respond “no” to all questions.

10. Decline to allow admittance to any patron if there is any suspicion that they are sick or symptomatic,

and advise them to leave the business. If a patron is a member of a household group at the venue,

the entire household group must also be declined admittance.

11. Post signage at the venue entrances outlining established protocols.

12. Post instructions for patrons throughout the venue at entrances, and inform patrons:

▪ Not to enter if they are experiencing symptoms;

▪ About the venue’s attendance limits;

▪ They are required to adhere to hygiene and social distancing instructions, signage and markings;

and

▪ The venue’s requirements involving the use of face-coverings.

Recommendations

1. Further limit and/or restrict areas within the venue that are accessible by patrons.

2. Advertise venue protocols so that current and potential patrons are aware of changes.

3. Advise patrons of the added COVID-19 precautions that will be taken prior to arrival at the site. Use

web-sites, social media, pre-appointment phone calls and confirmations, and other outlets to

educate patrons on the steps being taken for their protection and the protection of workers.


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4. Prior to the start of the venue, email or text a screening survey in advance of the event and/or post

screening questions at the entrances and access-points of the venue.

5. Consider establishing a process for providing refunds for patrons who are not able to attend due to

considerations related to COVID-19.

ADDITIONAL PROTECTIONS AND PROTOCOL FOR ARRIVAL AND CHECK-POINTS

Requirements

1. Schedule arrival times for longer than their typical duration to minimize the congregation of patrons

waiting. Establish staggered admission-times, entry-times and durations to minimize overlap and

congregating of patrons at choke-points (e.g., access points, security check-points, admission areas,

concession areas).

2. Designate and provide separate entrances for workers and patrons.

3. Ensure each Section maintains a distinct and independent entrance that is not shared or utilized by

patrons of other Sections. Provide multiple designated entrances for each Section whenever

possible to further limit congregation and congestion.

4. Ensure adequate distance is established between check-points (e.g., ticketing, security, medical) as

to ensure proper social distancing between patrons, and minimize congestion of patrons waiting to

enter the venue.

5. Position medical screening as close to a patron’s point of entry onto the property as possible, and

conduct medical screening immediately prior to entering the venue, as to minimize symptomatic

persons comingling with non-symptomatic persons during the admission process.

6. Ensure social queuing is established to provide and promote social distancing between multiple

patrons congregating and waiting for access and/or entry.

7. Workers assigned to perform medical screenings must wear appropriate personal protective

equipment (e.g., gowns, surgical masks, eye/face-protection, gloves).

Recommendations

1. Consider prescheduling individually assigned arrival times (e.g., seating furthest from entrances

permitted to enter earlier).

2. Provide and assign “drop off” areas to allow for patrons within household groups to be dropped off

at their designated entrance to the venue to minimize the number of persons walking through

parking ramps, parking areas, sidewalks, and walk-ways.

3. Enhance security protocols for entry to allow for more efficient security-checks of patrons, minimize

face-to-face interaction between security personnel and patrons, and minimize wait-times (e.g.,

metal-detectors, scanners, transparent baggies for personal items, limit pat-down checks).


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ADDITIONAL PROTECTIONS AND PROTOCOL FOR ADMISSION AND ASSIGNMENT

Requirements

1. Provide for reserved and assigned areas to manage attendance capacity and social distancing (e.g.,

pool-tables, bowling-lanes, lane-times, course-times).

2. Ensure areas/seats are assigned and marked to provide proper social-distancing and separation

between patrons, or household groups (also referred to as “pods”).

3. Provide assigned seating and/or “pod area” assignment for each household group, as opposed to

“general admission” or “standing room only”. Instruct patrons to remain seated and/or within their

pods whenever possible.

4. Provide staggered seating and/or “pod area” assignment to ensure proper social distancing and

ensure patrons are not seated directly next to, in front of or behind other patrons.

▪ Accommodations may be made to allow persons from the same household to be seated directly

next to one-another. However, a household group, also referred to as a “pod”, is limited to six

people.

▪ Ensure proper social distancing is maintained between each household group or “pod”.

5. Provide staggered assignment of “pod areas” to ensure proper social distancing (e.g., empty-tables,

closed lanes, turn off/de-activate machines), and ensure a distance of at least 6-feet is maintained

in-between pods. Ensure patrons and/or pods are not seated directly next to, in front of, behind, or

near other patrons and/or pods.

▪ Delineate pod areas by limiting bowling-lanes, range- lanes, pool-tables, dart-boards, arcade-

games, and seating areas. Mark, tape or separate pod areas. Consider installing barriers or

partitions in-between pods.

6. Keep aisle-seats and margins around “pod” areas open as to ensure proper social-distancing for

seated patrons from patrons and workers walking up and down aisles.

7. Delineate seating and “pod areas” by erecting barriers, demarcating floors, limiting chairs, marking

or taping seating or tabletop areas, or identify seat-assignments.

8. When participating in “live” events and performances, ensure a distance of at least 12-feet is

maintained between the performance area (e.g., stage, court, field), and the front-row of the

audience. Consider installing a barrier or partition in-between the performance area and audience.

9. Assign ushers, monitors, and/or security personnel to monitor social distancing, as well as support

the orderly seating and unseating to maintain social distancing and minimize congestion.

ADDITIONAL PROTOCOL FOR THE USE OF FACE COVERINGS

Requirements

1. Evaluate services, circumstances, and activities that involve face-to-face interaction to determine if

they can be done in an alternative way. Activities should not be permitted if adequate protective

measures cannot be implemented.


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2. Workers must wear a face covering that covers their mouth and nose in accordance with Executive

Order 20-81. This Executive Order requires everyone—including workers—to wear a face covering

in indoor businesses and indoor public spaces. Additionally, the Executive Order requires workers to

wear face coverings when working in outdoor settings in situations where social distancing (i.e.,

keeping at least 6 feet of physical distance from other individuals not in the same household) cannot

be maintained. This Executive Order includes exemptions for people who are unable to wear or

tolerate a face covering due to medical or mental health condition or other reasons—such as when

wearing a face covering would create a job hazard. There are also situations in which a face covering

may be temporarily removed. More information about face covering requirements and exemptions

is available on the MDH website at Facemasks and Personal Protective Equipment (PPE) Webpage

(health.state.mn.us/diseases/coronavirus/prevention.html#masks).

3. Instruct workers to:

▪ Maintain an adequate number of face-coverings during their shift or work-day that allows the

worker to exchange face-coverings as they become saturated, dirty, or compromised during use.

▪ Launder reusable face coverings before each daily use according to CDC guidelines Use of Cloth

Face Coverings to Help Slow the Spread of COVID-19 (www.cdc.gov/coronavirus/2019-

ncov/prevent-getting-sick/diy-cloth-face-coverings.html).

4. Businesses must take reasonable steps to ensure that workers, customers, clients and visitors wear

face coverings in accordance with Executive Order 20-81, , and conspicuously post face covering

policies for workers, customers, clients and visitors. Cloth face coverings are NOT a substitute for

maintaining a physical distance of 6-feet from other people.

5. Ensure workers involved in team-driving or ride-alongs wear face-coverings at all times while inside

the vehicle in accordance with Executive Order 20-81.

6. Ensure all persons, including customers, clients, and visitors bring their own face coverings, or offer

face coverings for use.

7. Establish a protocol for accommodating workers who cannot wear a face covering due to a medical

condition, mental health condition, or disability. Businesses must comply with applicable law,

including civil rights laws, relating to verification of a worker’s disability or medical condition.

▪ If a worker is unable to use a face covering due to a medical condition, mental health condition,

or disability, then the business must engage with the worker to identify and implement

alternative protections as to ensure the worker, as well as other customers, visitors, and

workers, maintain a similar level of protection (e.g., face-shields, isolating the worker, job-

reassignment).

8. Establish protocols for addressing instances where the use of a face-covering may present a hazard

to the worker, and identifying and implementing alternatives to minimize the risk to the worker.

However, the business must work to identify and implement alternative protections as to ensure the

worker, as well as customers, visitors, and other workers, maintain a similar level of protection

whenever possible.

▪ For environments involving extreme temperatures (e.g., heat, cold) and/or wet environments

(e.g., wet processes, rain), face shields may be considered to be used in lieu of face-coverings







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▪ For work-activities that may present a risk of entanglement, businesses must ensure the

machine/tool is properly guarded as to eliminate the risk of the face-covering becoming

entangled into the machine/tool, and that the selection and use of the face-covering protects

the worker from the risk of entanglement (e.g., using ear-loops instead of tie-backs).

▪ For work-activities that may present a risk of hazardous chemicals becoming absorbed and/or

saturated within the materials of face-covering, the use of engineering controls (e.g.,

ventilation), administrative controls (e.g., work-practices), or personal protective equipment

(e.g., respiratory protection) must be considered and implemented whenever possible.

9. Establish a protocol for accommodating customers, clients and visitors who cannot wear a face

covering due to a medical condition, mental health condition, or disability. Businesses may not

require customers to provide proof of a medical condition mental health condition, or disability, or

require customers to explain the nature of their conditions or disability.

10. Establish a protocol for customers, clients and visitors who refuse to wear a face covering where

wearing a face covering is required. Businesses may refuse entry or services to customers, clients, or

visitors who refuse to wear a face covering when required by Executive Order 20-81or when

otherwise required by the business even if not required by the Executive Order. Refer to the

documents and information available at Facemasks and Personal Protective Equipment (PPE)

(health.state.mn.us/diseases/coronavirus/prevention.html#masks) for more information about

what a business may or may not do to enforce face covering requirement.

11. Restrict the use of elevators to persons with limited mobility or physical disability who are unable to

use stairways (or escalators, if provided), unless social distancing can be maintained within elevator

cabs.

12. Avoid performance-related demonstrations, exercises, and activities that involve interaction

between workers and patrons that conflict with social-distancing practices.

13. Minimize fan-events such as “meet and greet” celebrity-fan interactions, back-stage passes, and

after-show guests to minimize congregation and congestion.

▪ Where celebrity-fan interactions are scheduled (e.g., photographs, autograph-sessions),

consider separating celebrities from patrons with transparent partitions with small openings

that will allow for photographs to be taken, and autograph-materials to be passed, while

minimizing face-to-face contact between all persons, including celebrities and patrons.

▪ Where back-stage passes and after-show guests are granted, groups of patrons should be

limited to small groups of no more than four, and pathways and protocols should be pre-

established to maintain social distancing between all persons, including the patrons, and the

patrons and celebrities.

▪ At no time shall such events occur if social-distancing cannot be maintained between all persons

involved.

Recommendations

1. Additional work practices to further reduce face-to-face interaction, which may be used to

supplement social-distancing protections and protocol, may include:

▪ Installing/Maintaining barriers or screens to separate workers from patrons.




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▪ Standing to the side or behind the patrons as much as possible.

ADDITIONAL PROTECTIONS AND PROTOCOL FOR DISTANCING AND HYGIENE

Requirements

1. Evaluate space, configuration and flow throughout the establishment to allow for physical distancing

of 6-feet by all workers, patrons, and visitors.

2. Patrons must not be allowed to linger or socialize in lobbies, common areas, hallways, restrooms,

ticket- counters, concession-counters, etc.

3. Community benches, tables, booths, and seating that do not allow for proper social-distancing

should be removed or marked to prevent use.

4. Ensure attractions (e.g., displays, iconic memorabilia) are arranged to provide for proper social

distancing. Install partitions or barriers in-between vending-machines, automated teller machines,

arcade-games, individual attractions. Prohibit the congregation of persons around individual

attractions.

5. Restrict the use of elevators to persons with limited mobility or physical disability who are unable to

use stairways (or escalators, if provided), unless social distancing can be maintained within elevator

cabs.

6. Avoid performance-related demonstrations, exercises, and activities that involve interaction

between workers and patrons that conflict with social-distancing practices.

7. Live music and other live entertainment is allowed at these venues, but social distancing must be

maintained among band members and performers, and also between performers and patrons or

audience members.

8. These activities are only permitted by performers designated by the business at a designated space

within the venue that is separate from the patrons or audience by a distance of at least 12 feet.

9. Karaoke singing and open microphone events involving performances by patrons and visitors are not

permitted.

10. For more information about music and performance, see Music Activities and Performances During

COVID-19 (www.health.state.mn.us/diseases/coronavirus/musicguide.pdf).

11. Minimize fan-events such as “meet and greet” celebrity-fan interactions, back-stage passes, and

after-show guests to minimize congregation and congestion.

▪ Where celebrity-fan interactions are scheduled (e.g., photographs, autograph-sessions),

consider separating celebrities from patrons with transparent partitions with small openings

that will allow for photographs to be taken, and autograph-materials to be passed, while

minimizing face-to-face contact between all persons, including celebrities and patrons.

▪ Where back-stage passes and after-show guests are granted, groups of patrons should be

limited to small groups of no more than four, and pathways and protocols should be pre-

established to maintain social distancing between all persons, including the patrons, and the

patrons and celebrities.

http://www.health.state.mn.us/diseases/coronavirus/musicguide.pdf).


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▪ At no time shall such events occur if social-distancing cannot be maintained between all persons

involved.

Recommendations

1. Designate and demarcate one-way traffic-flows to mitigate congestion and crowding.

2. Limit the areas accessed by patrons (e.g., “Employees Only”, “Authorized Personnel Only”), as well

as the equipment, products, or items touched by the patrons while in venue.

3. Extend intermission-times to reduce congestion in exits, corridors, restrooms, and concession areas.

4. Provide hand sanitizer at the entrance, point of purchase, and prominent locations for

customers/clients.

ADDITIONAL PROTECTIONS AND PROTOCOL FOR EXCHANGING OR RECEIVING PAYMENT

Requirements

1. Use contactless payment whenever possible. Utilize a electronic fund-transfer service or credit-card

payment method that allows the patron to fully initiate and complete the payment transaction

remotely, or while separated from the worker.

2. When contactless payment is not possible, payment must be made in a manner that allows for at

least 6-feet of distance between the worker and patron.

3. During check-in and check-out, the configuration at the payment stations, and the space between

the worker and the patron must allow for physical distancing of at least 6-feet, or a physical barrier

must be installed.

4. Install barriers at check-in and payment counters.

5. If locations require more than one cashier and social distancing cannot be maintained, remove

registers or put registers out of service to allow appropriate distance between workers.

6. Establish social queuing to provide and promote social distancing between multiple patrons and

household groups congregating or waiting in line for transactions (e.g., markings on the floor,

stanchions).

ADDITIONAL PROTECTIONS AND PROTOCOL FOR CONCESSIONS AND MERCHANDIZING

Requirements

1. Ensure each Section maintains distinct and independent concessions, merchandizing, and similar

merchants that are not shared or utilized by patrons of other Sections.

2. Ensure multiple ticket-counters, merchandise-counters, concession-counters, and drink-dispensers

are separated to allow patrons to socially distance from one-another. When not feasible, install

partitions or barriers in-between counters or dispensers to separate patrons from one-another.


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3. Remove seating in concession areas and common areas to ensure social distancing. Patrons must

take concessions back to assigned seating areas.

4. Ensure social queuing is established to provide and promote social distancing between multiple

workers and patrons congregating and waiting to perform transactions and submit/pick up orders.

Order and check-out areas for concessions and merchandise should be marked to provide for social

distancing of at least 6-feet, including floor markers for distance, lane lines and marking of adjacent

areas where patrons may be waiting for orders.

5. Communal serving of food (e.g., buffet-style, self-service) is not permitted.

6. Do not refill popcorn, drinks, and other items using the same container – A new container must be

provided.

7. Ensure self-service beverage machines, condiment- stations, and counters are sanitized frequently.

8. Provide additional trash-receptacles to ensure trash is readily disposed of. Relocate trash-

receptacles to minimize patrons having to travel longer distances and through areas of congestion

(e.g., providing trash- receptacles inside of the theater rather than in the hallway outside of the

individual theater). Ensure that trash-receptacles are emptied regularly.

9. Continue to follow safety guidelines as provided by the Minnesota Department of Health.

10. Increase to frequent handwashing as required by the Minnesota Department of Health, and change

gloves in-between every task.

11. Refer to Minnesota’s “Industry Guidance for Safely Reopening: Restaurants & Bars”

(https://staysafe.mn.gov/industry-guidance/index.jsp) for additional guidance involving food-

service.

Recommendations

1. Use app-based ordering to minimize patrons having to linger and congregate in concession and

merchandise areas.

2. Consider delivering concessions directly to designated seating areas and pod-assignments, as

opposed to providing concessions at concession stands, if protocols can be established to protect

the workers.

3. Limit menu items to those items which can be readily retrieved and/or quickly prepared to minimize

congestion, lingering, and waiting. Consider “pre- assembled” order-groupings or orders to simplify

ordering and minimize ordering and wait-times.

4. Maintain utensils behind the counter (e.g., napkins, straws, forks), and provide per order, as

opposed to providing them at a condiments counter.

5. Provide for individually wrapped concession products (e.g., condiment packets).

ADDITIONAL PROTECTIONS AND PROTOCOL FOR EXITING

Requirements

1. Ensure each Section maintains distinct and independent exits that are not shared or utilized by

patrons of other Sections.

https://staysafe.mn.gov/industry-guidance/index.jsp

https://staysafe.mn.gov/industry-guidance/index.jsp


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2. Provide for additional “exits”, and allow for patrons to exit the venue through the closest available

exit rather than a limited number of exits that create congestion and interfere with social distancing.

3. Assign ushers, monitors, and/or security personnel to monitor social distancing, as well as support

the orderly seating and unseating to maintain social distancing and minimize congestion.

Recommendations

1. Designate and demarcate one-way traffic-flows to mitigate congestion and crowding.

2. When groups of patrons are leaving a single venue, unseat patrons in an orderly fashion, starting

with those closest to the exit and ending with those farthest from the exit.

ADDITIONAL PROTECTIONS AND PROTOCOL FOR SANITATION AND HYGIENE

Requirements

1. Ensure each Section maintains distinct and independent sanitation facilities, including restroom and

handwashing, that are not shared or utilized by patrons of other Sections.

2. For venues with multiple event-times, stagger event times as to allow for proper cleaning and

disinfecting of facilities and air-circulation.

3. Remove “self-service” stations for patrons to obtain equipment (e.g., golf-clubs, skates), and require

that rental and provided equipment be individually and directly issued to each patron or household

group. Ensure equipment is returned directly to a designated area to minimize the equipment being

exchanged between patrons without proper sanitation

4. Avoid passing around community materials, sign-in sheets, and writing utensils.

5. Presentation of items such as certificates, trophies, awards, and ribbons must incorporate social-

distancing practices, reduce hand-to-hand contact, and incorporate good sanitation practices.

6. Ensure high touch surfaces (e.g., seats, armrests, cup holders, tables, door handles, ticketing kiosks,

touch screens) are being disinfected during timed intervals and between venues and events.

7. Ensure instrumentation, products, samples, and props are sanitized prior to use and in between

handling by workers and patrons.


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Recommendations

1. Provide additional unisex stalls, privies, or toilet units within each “Section” that are located closer

to the seating are to minimize traffic and congestion.

2. Provide additional handwashing facilities and hand sanitizer at entrances, points of purchase, and

prominent locations for attendees.

3. When providing lockers for patrons, assign lockers upon check-in, and issue plastic bags to allow

patrons using lockers to place belongings into a protective bag prior to placing them into the locker.

Ensure lockers are sanitized immediately after use and before re-issuance.

4. Consider sending materials, brochures, programs and handouts to attendees in advance via online

downloads, email, or mail, rather than distributing them on the day of the venue.

ADDITIONAL PROTECTIONS AND PROTOCOL FOR INCIDENT MANAGEMENT

Requirements

1. Decline admittance to patrons if there is any suspicion that they are sick or symptomatic, and advise

them to leave the venue. If a patron suspected of being sick or symptomatic is a member of a

household group at the venue, the household group must also leave the venue.

2. Use ushers, monitors, and/or security personnel to monitor for adherence to required practices, and

supplement security protocol.

3. Establish a protocol for reporting and addressing patrons who refuse to follow required protocols

and protections (e.g., social distancing, face-coverings).

4. Ensure incident-response procedures integrate and maintain social distancing and other protective

measures (e.g., face-coverings, face-shields, barriers) whenever possible and reasonable.

5. Ensure incident-response procedures are established and communicated to workers for following up

and addressing COVID-19 related incidents (e.g., non-compliance, symptomatic persons).

6. First-Aid/Medical Areas: Establish a designated medical isolation area for workers and/or patrons

who become sick or symptomatic consistent with COVID-19 while at the venue. Medical isolation

areas for workers and/or patrons who become symptomatic during the venue must be separate

from general First-Aid/Medical Areas. Access into medical isolation areas must be restricted, and

provide a climate-controlled environment.

Recommendations

1. Establish a “Tip Line” (e.g., phone number) or provide an “app” that would allow workers and

patrons to report concerns to management in a timely manner.

2. Train workers to understand and feel confident with managing social-distancing challenges while

carrying out their work-activities, and how to handle difficult situations, unsafe conditions, and

emergencies.


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Appendix A – Guidance for developing a COVID-19 Preparedness Plan

General

Centers for Disease Control and Prevention (CDC): Coronavirus (COVID-19) –

www.cdc.gov/coronavirus/2019-nCoV

Minnesota Department of Health (MDH): Coronavirus – www.health.state.mn.us/diseases/coronavirus

State of Minnesota: COVID-19 response – https://mn.gov/covid19

Businesses

CDC: Resources for businesses and employers – www.cdc.gov/coronavirus/2019- ncov/community/organizations/businesses-employers.html

CDC: General business frequently asked questions – www.cdc.gov/coronavirus/2019-ncov/community/general- business-faq.html

CDC: Building/business ventilation – www.cdc.gov/coronavirus/2019-ncov/community/guidance-business- response.html

MDH: Businesses and Employers: COVID-19 (www.health.state.mn.us/diseases/coronavirus/businesses.html)

MDH: Health screening checklist – www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf

MDH: Materials for businesses and employers –

www.health.state.mn.us/diseases/coronavirus/materials

Minnesota Department of Employment and Economic Development (DEED): COVID-19 information and resources – mn.gov/deed/newscenter/covid/

Minnesota Department of Labor and Industry (DLI): Updates related to COVID-19 – www.dli.mn.gov/updates

Federal OSHA – www.osha.gov

AIHA Back to Work Safely – www.backtoworksafely.org/

Handwashing

MDH: Handwashing video translated into multiple languages –

www.youtube.com/watch?v=LdQuPGVcceg

Respiratory etiquette: Cover your cough or sneeze

CDC: www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html

http://www.cdc.gov/coronavirus/2019-nCoV

http://www.cdc.gov/coronavirus/2019-nCoV

http://www.health.state.mn.us/diseases/coronavirus

http://www.health.state.mn.us/diseases/coronavirus

https://mn.gov/covid19/

https://mn.gov/covid19/

http://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

http://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html




http://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html



http://www.health.state.mn.us/diseases/coronavirus/businesses.html




http://www.health.state.mn.us/diseases/coronavirus/materials

http://www.health.state.mn.us/diseases/coronavirus/materials

https://mn.gov/deed/newscenter/covid/

http://www.dli.mn.gov/updates

http://www.dli.mn.gov/updates

http://www.osha.gov/

http://www.osha.gov/

http://www.backtoworksafely.org/

http://www.backtoworksafely.org/

http://www.youtube.com/watch?v=LdQuPGVcceg

http://www.youtube.com/watch?v=LdQuPGVcceg

http://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html


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CDC: www.cdc.gov/healthywater/hygiene/etiquette/coughing_sneezing.html

MDH: www.health.state.mn.us/diseases/coronavirus/prevention.html

Social distancing

CDC: www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

MDH: www.health.state.mn.us/diseases/coronavirus/businesses.html

Housekeeping

CDC: www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

CDC: www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/disinfecting-your-home.html

CDC: www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

Environmental Protection Agency (EPA): www.epa.gov/pesticide-registration/list-n-disinfectants-use-

against- sars-cov-2

Employees exhibiting signs and symptoms of COVID-19

CDC: www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html

MDH: www.health.state.mn.us/diseases/coronavirus/basics.html

MDH: www.health.state.mn.us/diseases/coronavirus/facilityhlthscreen.pdf

MDH: www.health.state.mn.us/diseases/coronavirus/returntowork.pdf

State of Minnesota – https://mn.gov/covid19/for-minnesotans/if-sick/get-tested/index.jsp

Training

CDC: www.cdc.gov/coronavirus/2019-ncov/community/guidance-small-business.html

Federal OSHA: www.osha.gov/Publications/OSHA3990.pdf

MDH: www.health.state.mn.us/diseases/coronavirus/about.pdf

http://www.cdc.gov/healthywater/hygiene/etiquette/coughing_sneezing.html

http://www.health.state.mn.us/diseases/coronavirus/prevention.html




http://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

http://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html

http://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/disinfecting-your-home.html

http://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/disinfecting-your-home.html

http://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

http://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-%20sars-cov-2

http://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-%20sars-cov-2

http://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html

http://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html

http://www.health.state.mn.us/diseases/coronavirus/basics.html

http://www.health.state.mn.us/diseases/coronavirus/basics.html



http://www.health.state.mn.us/diseases/coronavirus/returntowork.pdf

http://www.health.state.mn.us/diseases/coronavirus/returntowork.pdf

https://mn.gov/covid19/for-minnesotans/if-sick/get-tested/index.jsp

http://www.cdc.gov/coronavirus/2019-ncov/community/guidance-small-business.html

http://www.cdc.gov/coronavirus/2019-ncov/community/guidance-small-business.html

http://www.osha.gov/Publications/OSHA3990.pdf

http://www.osha.gov/Publications/OSHA3990.pdf

http://www.health.state.mn.us/diseases/coronavirus/about.pdf

CITY OF EXCELSIOR RESOLUTION NO. 2020-__

RESOLUTION ENACTED UNDER AUTHORITY OF

MINNESOTA STATUTES §§ 12.29 AND 12.37 AND EXCELSIOR CITY CODE CH. 14 TO EXTEND THE PERIOD OF A LOCAL EMERGENCY

AND REGULATIONS ADOPTED PURSUANT THERETO WHEREAS, on March 13, 2020, Governor Walz issued Executive Order 20-01 declaring a Peacetime Emergency in the State of Minnesota; and WHEREAS, the Peacetime Emergency was extended on April 13 until May 13, 2020 via Executive Order 20-35; and

WHEREAS, on March 25, 2020, Todd Carlson, the Mayor of the City of Excelsior, declared a local emergency pursuant to authority in Minn. Stat. § 12.29 based on findings articulated in the Proclamation and Declaration of Local Emergency dated March 25, 2020; and WHEREAS, the City Council of the City of Excelsior approved an extension of that declaration of local emergency on March 26, 2020 via Resolution No. 2020-20 and adopted an amended Pandemic Plan that includes regulations for operation of city government during the declared state of emergency; and

WHEREAS, the City Council reviewed the local Declaration of Emergency on April 7 and took no action to rescind that declaration; and

WHEREAS, the City Council extended the local state of emergency on April 20, 2020 until May 20,

2020; and WHEREAS, on May 12, 2020, Governor Walz issued Executive Order 20-53 extending the State of

Minnesota Peacetime Emergency through June 12, 2020; and WHEREAS, the City Council extended the local state of emergency on May 18, 2020 until June 17,

2020; and WHEREAS, on June 12, 2020, Governor Walz issued Executive Order 20-75 extending the State of

Minnesota Peacetime Emergency through July 13, 2020; and WHEREAS, the City Council extended the local state of emergency on June 15, 2020 until July 19,

2020; and WHEREAS, on July 13, 2020, Governor Walz issued Executive Order 20-78 extending the State of

Minnesota Peacetime Emergency through August 12, 2020; and WHEREAS, the City Council extended the local state of emergency on July 6, 2020 until August 18,

2020; and WHEREAS, on August 12, 2020, Governor Walz issued Executive Order 20-83 extending the State of

Minnesota Peacetime Emergency through September 11, 2020; and

2

WHEREAS, the City Council extended the local state of emergency on August 17, 2020 until September 17, 2020; and

WHEREAS, on September 11, 2020, Governor Walz issued Executive Order 20-89 extending the State

of Minnesota Peacetime Emergency through October 12, 2020; and WHEREAS, the City Council extended the local state of emergency on September 9, 2020 until

October 17, 2020; and WHEREAS, the City Council extended the local state of emergency on October 5, 2020 until

November 16, 2020 contingent upon an extension of the State of Minnesota Peacetime Emergency; and WHEREAS, on October 12, 2020, Governor Walz issued Executive Order 20-92 extending the State of

Minnesota Peacetime Emergency through November 12, 2020; and WHEREAS, the Excelsior City Code § 14-6 requires that any regulations adopted pursuant to a

Declaration of Emergency be renewed if they are to be in force for longer than 30 days; and WHEREAS, on November 12, 2020, Governor Walz issued Executive Order No. 20-97 extending the

State of Minnesota Peacetime Emergency through December 12, 2020; and WHEREAS, the City Council extended the local state of emergency on November 16, 2020 until

December 16, 2020 contingent upon an extension of the State of Minnesota Peacetime Emergency; and WHEREAS, the local emergency declaration extension declared by the City Council will expire before

the City Council meeting on December 21, 2020; and WHEREAS, it is anticipated that Governor Walz will extend the statewide Peacetime Emergency

Declaration on or before December 12, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Excelsior, Minnesota, as follows:

1. The City Council declares that existing circumstances require the continuation of the declaration of a local emergency continuing until the lifting of the Peacetime Emergency declared by Governor Walz in Executive Order 20-01 and extended by Executive Orders 20-35, 20-53, 20-75, 20-78, 20-89, 20-92, 20-97, and any subsequent extension of the Statewide Peacetime Emergency, or subsequent determination of the Excelsior City Council, whichever is earlier.

2. This local emergency declaration invokes all available disaster planning and authority and authorizes deployment of appropriate community containment and mitigation strategies consistent with Executive Orders issued by Governor Walz since March 13, 2020. To the extent that existing state laws and city policies and procedures impede efficient response to and compliance with federal and state directives or recommendations, the City Manager and her designees are hereby authorized to suspend compliance with those existing laws and pertinent policies and procedures as authorized by the Governor’s Declaration in Executive Order 20-01 and subsequent Executive Orders and Minn. Stat. §§ 12.29, 12.32, and 12.37 and to take actions necessary to protect the public health, safety, and welfare.

3

3. The Amended Pandemic Plan adopted by the City Council at its meeting on April 7, 2020 is hereby extended for an additional 30 days to January 15, 2021 or the date on which the local emergency declaration is lifted, whichever occurs sooner.

Adopted by the Council of the City of Excelsior this 7th day of December, 2020. _________________________ Todd Carlson, Mayor ATTEST: ____________________________ _________________________ Emily Becker, Acting City Clerk Kristi Luger, City Manager

St. Alban’s Bay Lake Improvement District Board and district property owners approved the 2021 budget and tax levy decrease of 10%. Per the Joint Cooperation Agreement (JCA), the cities of Excelsior and Greenwood are required to approve the budget and levy. The JCA allows either Greenwood or Excelsior to reduce the levy by up to 25%.

The County also requires the City to approve the assessment roll for properties located in Excelsior for certification to the County. Copies of the assessment roll and resolution authorizing the assessment are attached.

Council Action:

- Accept the budget and levy as presented and adopt Resolution 2020-74 A Resolution Levying the Assessment Roll for the St. Alban’s Bay Lake Improvement District

Date:

7(b)11 St. Alban’s Bay Improvement District 2021 Annual Levy and Assessments

Marian Potter Finance Officer

City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

ST ALBANS BAY-LAKE IMPROVEMENT DISTRICT2021 BUDGET 10/26/2020

SOURCE OF FUNDS FUNDS

CARRYOVER FUNDS 36,580$ TAX RECEIPTS: 24,600$ DNR GRANT 2019 2,505$ GREENWOOD CONTRIBUTION 2,500$

TOTAL: 66,185$

EXPENSES:

PLM:Delineation: 2,500$ CLP Treatment 2,400$ EWM 8,000$ Pt Intercept 2,200$

Total 15,100$ 15,100$

LMCIT Insurance 1,000$ Office Expenses: 250$ Media/Printing/Supplies/etc 100$

Total 16,450$

REMAINING CARRYOVER 49,735$

PID HouseNo Street City St Zip Proj Rev CLASSIFICATION

0 = MARINA

1 = CONDO

2 = ASSOCIATION

3 = LAKESHORE >100'

4 = LAKESHORE <99'

3511723210010 63 ADDRESS UNASSIGNED Excelsior MN 55331 1,080 03511723210005 905 EXCELSIOR BLVD Excelsior MN 55331 135 43511723210004 917 EXCELSIOR BLVD Excelsior MN 55331 135 43511723210003 925 EXCELSIOR BLVD Excelsior MN 55331 135 43511723210001 955 EXCELSIOR BLVD Excelsior MN 55331 198 33511723210013 731 HIDDEN LANE Excelsior MN 55331 198 33511723210014 755 HIDDEN LANE Excelsior MN 55331 135 43511723210011 805 HIDDEN LANE Excelsior MN 55331 135 43511723210012 825 HIDDEN LANE Excelsior MN 55331 198 33511723210021 2 MACLYNN RD Excelsior MN 55331 135 43511723110022 4 MACLYNN RD Excelsior MN 55331 135 43511723120022 1 MACLYNN RD Excelsior MN 55331 67 23511723120019 3 MACLYNN RD GreenwoodMN 55331 67 2

SABLID Excelsior Roll 2021

City of Excelsior


A Resolution of the Excelsior City Council Approving For St. Alban’s Bay Lake Improvement District

__________________________________________________

WHEREAS, the St Alban’s Bay Lake Improvement District has caused a notice to be published fixing the time and place of its September 2020 Annual Meeting to pass upon the proposed 2021 assessment roll for the Lake Improvement District, and

WHEREAS, notice of said meeting has been given to all property owners whose property is to be assessed therefore, by publication thereof in the manner required by law; and

WHEREAS, all persons have had an opportunity to be heard in connection with said manner.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Excelsior, Minnesota,

1. That the assessment roll, as prepared by the St. Alban’s Bay Lake Improvement District secretary, is hereby approved, and the assessments therein contained are hereby determined to be the special assessments for the services herein included.

2. That said assessments are found to be properly assessed upon the

properties so served.

3. That the city clerk is hereby directed to certify such assessment to the county auditor for collection and remittance to the city treasurer in the same manner as assessments for local improvements.

Adopted by the City Council of the City of Excelsior, Minnesota, this 7th day December, 2020.

______________________________ Todd Carlson, Mayor

ATTEST:

_______________________________ Emily Becker, Acting City Clerk Kristi Luger, City Manager

APPLICANT: Rick Packer of Gonyea Homes PROPERTY OWNER: Gonyea Homes LOCATION: 6 and 8 Village Lane CASE NO.: 20-16 SYNOPSIS: Easement Vacations to Accommodate an Existing Covered

Entry Way Encroaching an Existing Easement 60/120-DAY REVIEW DEADLINE: N/A

BACKGROUND/SUMMARY

The City currently has an easement over all of the properties located within the Villas at Excelsior Village. The covered entries encroach into most of these easement, which has never been an issue with prior sales, but now a title examiner is asking that the portion of the easement into which the covered easement encroaches be vacated with all of the remaining properties (aside from 6 and 8 Village Lane, to which easement vacation approvals have already been granted) so that there is no encroachment. The City Engineer has reviewed the proposed easement vacation and does not see an issue with it, as there is no impact to city utilities, drainage or the common area. The Council should hold a public hearing and consider the easement vacation request and approve the easement vacation through adoption of Resolution 2020-74. DETAILS/ANALYSIS The attached survey shows the vacated easement area through diagonal lines. A new legal description has also been prepared for 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 2, 4, 10, 12, 14, and 16 Village Lane.

RECOMMENDED COUNCIL ACTION

Date:

Item 8(a) - 8 Village Lane Easement Vacation


City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

The Council should hold a public hearing and consider the easement vacation requests for the aforementioned addresses and approve the easement vacations through adoption of Resolution 2020-74. Attachments:

1. Application and Survey 2. Resolution 2020-74

3411723120159 1 Village Lane Lot 1, Block 1, The Villas at Excelsior Village 2nd Addition
















City of Excelsior

Resolution No. 2020-74 A Resolution Approving an Easement Vacation for the Properties Located at 1, 3, 5, 7, 9, 11,

13, 15, 17, 19, 2, 4, 10, 12, 14, and 16 Village Lane _________________________________________________________________

WHEREAS, Rick Packer of Gonyea Homes (“Applicant”) has submitted application for

an easement vacation for the properties located at 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 2, 4, 10, 12, 14, and 16 Village Lane, PID#s 34-11-72-31-20-159; 34-11-72-31-20-160; 34-11-72-31-20-161; 34-11-72-31-20-162; 34-11-72-31-20-163; 34-11-72-31-20-164; 34-11-72-31-20-165; 34-11-72-31-20-166; 34-11-72-31-20-167; 34-11-72-31-20-147; 34-11-72-31-20-170; 34-11-72-31-20-171; 34-11-72-31-20-172; 34-11-72-31-20-173; 34-11-72-31-30-103; and 34-11-72-31-30-704 with legal descriptions included on the attached Exhibit A (the “Property”); and

WHEREAS, a 24 foot by 35.3 easement is located on land legally described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, and 18 of Block 1, Villas at Excelsior Village Second Addition of Hennepin County, Minnesota; and

WHEREAS, there exist encroachments of cantilevers over such easements; and WHEREAS, the City of Excelsior (“City”) may vacate Public Utility Easements if such

vacation is in the interest of the public; and WHEREAS, the entire easement is not necessary; and WHEREAS, The City Council at its December 7, 2020 meeting held a public hearing

regarding the possible vacation of the Utility Easement; and NOW, THEREFORE, IT IS RESOLVED that a portion of the Utility Easement as

depicted on the survey prepared for Gonyea Homes by Sathre-Bergquist, Inc. dated November 4, 2020 is vacated based on the following:

Findings of Fact

1. The City Council approved the Final Development plans for The Villas at

Excelsior Village.

2. The City Engineer has stated that vacating the portion of the existing easement that is being requested to be vacated would have no impact on city utilities, drainage or the common area.

Conclusions

1. Vacating the requested portion of the utility easement will help facilitate development of the Villas at Excelsior Village and is in the public interest.

Conditions of Approval

Approval of the Easement Vacation is subject to the following conditions:

1. The applicant shall record this resolution in the chain of title for the property

with Hennepin County and shall provide the City with verification of its recording.

2. The easement vacation approval shall expire one year from the date of

adoption of the resolution if not acted upon; City approval will be required for any subsequent extension.

Adopted by the Council of the City of Excelsior, Minnesota this 7th day of December 2020.

__________________________ Todd R. Carlson, Mayor

ATTEST: Emily Becker, Acting City Clerk Kristi Luger, City Manager

EXHIBIT A

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, and 18, Block 1, the Villas at Excelsior Village Second Addition of Hennepin County, Minnesota.

APPLICANT: Jon Wolf PROPERTY OWNER: 2130 LLC LOCATION: 429 Second Street ZONING: B-1, Central Business District CASE NO.: 20-15 60/120-DAY REVIEW DEADLINE: January 4, 20201/March 5, 2021

BACKGROUND/SUMMARY

The subject property has been vacant for about five years and was formerly the site of Antiquity Rose. The applicant is proposing to locate a new restaurant that will serve breakfast, lunch and dinner and has proposed a number of improvements to the building including painting the outside of the building blue with white trim; restoring the windows; replacing the boiler unit with HVAC forced heating and cooling; rebuilding the porch; removing the dying tree in front of the building; replacing the existing patio to make outdoor seating functional; remodeling the interior; and adding kitchen equipment and finishing the lower level to add food prep and storage. The applicant is requesting a Conditional Use Permit (CUP) for a Parking Impact Fee for eight total parking spaces, five of which will be for indoor dining, and three of which will be for outdoor dining. This fee will total an additional $6,800 in Parking Impact Fees. The Planning Commission recommended approval of the requested CUP at their November 23, 2020 meeting with a vote of 5-0. If the Council agrees with the Planning Commission recommendation, they should adopt Resolution 2020-72 and approve the Development Agreement for a Parking Impact Fee. DETAILS/ANALYSIS Reason for Request. The applicant is proposing a restaurant that will serve liquor and will have 42 seats, eight of which will be outdoor seating. Article 19 of the Zoning Code requires that restaurants, cafes, bars, taverns or night clubs that serve liquor provide one parking space for each three seats based on capacity design. The property already has six seats grandfathered in.

Date:

Item 8(b) 429 Second Street Conditional Use Permit for Parking Impact Fee


City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

Therefore, eight additional parking spaces (three of which are for outdoor dining) must be provided (42 seats/3=14 – 6=8). Because the property, similar to most properties in the downtown business district, cannot satisfy the off-street parking requirements that this Article requires and therefore utilize facilities owned by the City to meet such parking requirements, the property is to pay an annual parking impact fee. Annual Parking Impact Review Criteria. Section 19-9: Annual parking impact fee of the City Code requires that any change in use requiring more parking area for a property that cannot meet the City’s parking requirements shall be permitted if:

(1) an annual parking impact fee is paid; and

• Staff Comment: The applicant will be required to pay an additional $600 per space

for three outdoor seating spaces ($1,800) and $1,000 per space for five indoor dining

spaces ($5,000) for a total of $6,800/year.

(2) there is no reduction in the existing number of parking spaces on the

property unless the spaces being eliminated are nonconforming with sections 50-9 or

54-9 of this Appendix E; and

• Staff Comment: There is no reduction being proposed in the existing number of

parking spaces on the property.

(3) a conditional use permit is approved based upon the criteria found in article

4 of this Appendix E and the following:

1. The project is located within the "downtown business district" as that term is defined in

section 32-165(a) of the City Code.

• Staff Comment: The property is located in the downtown business district (defined

in the Code as all properties located within 300 feet of either the east or west

public parking lots).

2. The project is consistent with the comprehensive plan, is a permitted use, and complies

with the City Code.

• Staff Comment: The property is guided for Cottage Commercial use, and

restaurants are a permitted street level use within the B-1 zoning district. All other

requirements of the City Code are met.

3. If the project is located on a property that is a contributing historic site or within the

downtown historic district, the project complies with chapter 20 of the City Code and article 62 of

this Appendix E.

• Staff Comment: The Heritage Preservation reviewed the proposed Site Alteration

Permit application for exterior alterations at their October 20, 2020 meeting and

approved the Site Alteration Permit to make the following exterior improvements:

• Paint the outside Newburyport blue with white trim, which is on the Ben Franklin historical color wheel.

• Restore windows. • Replace the boiler unit with HVAC forced heating/cooling. This will improve

the functional, efficiency, and make an overall more comfortable experience for guests.

• Rebuild the porch to improve quality and safety while keeping the original look and feel.

• Removing the dying tree in the front of building (this will require a tree removal permit to be approved by the City Arborist).

• Replace existing patio to make outdoor seating functional (see landscape layout).

• Interior remodel. • Added kitchen equipment and finishing lower level to add food prep and

storage as well as employee restroom. • This approval was granted with the following conditions:

• That all windows are to be restored rather than replaced. • Storm windows, if they need to be replaced, need to be similar to the

Masonic Lodge. • That the owner signs off on the conditions to which the Site Alteration

Permit was granted. 4. The project includes a change of use, construction of a building or portion thereof that

will close undeveloped gaps in the streetscape or increases the usable floor area within the

downtown business district.

• Staff Comment: The project proposes a change of use from a vacant building that

used to be a restaurant use with no alcohol and retail use to solely a restaurant with

alcohol use.

5. The project enhances the viability and vitality of the downtown business district.

• Staff Comment: The building on the property is currently a vacant building, and the

proposed use is to bring a restaurant with outdoor seating to the property. The

proposed use will not only result in repairs to the building but will bring additional

people to the downtown area.

6. The parking impact of the project does not exceed the available capacity of the city's

automobile parking facilities. For purposes of this section, "available capacity" shall be the number

of parking spaces available for use by applicants for new parking impact fee conditional use

permits. This number shall be determined each year by the city council based on a monthly census

of the utilization of the city's automobile parking facilities and set for the following calendar year

by resolution. The monthly census shall be conducted the third week of each month June through

August on Tuesdays, Thursdays, and Fridays. The counts shall be taken at Noon, 4:00 p.m., and 6:00

p.m. on Tuesday and Thursday and at Noon, 4:00 p.m., 6:00 p.m. and 8:00 p.m. on Friday.

• Staff Comment: Parking counts were last done in 2019, and it was determined that

40 spaces were available at that time. A Conditional Use Permit for Parking Impact

Fee was approved for 16 spaces for 289 Water Street since this time, however, that

approval expires on December 16, 2020, and the applicant has indicated that

financing will likely prevent this project from going forward at this time and has not

requested an extension. Therefore, the parking impact of the project does not

exceed the available capacity of the city’s automobile parking facilities.

Conditional Use Permit Review Criteria. As mentioned above, the Conditional Use Permit should

be approved based on the criteria set forth in article 4 (Section 4-3), governing conditional use

permits. The Council should consider possible effects of the proposed conditional use permit, and

its judgement should be based upon, but not limited to, the following factors:

a. The proposed action has been considered in relation to the specific policies and provisions

of and has been found to be consistent with the official City Comprehensive Plan.

• Staff Comment: The proposal is consistent with the Comprehensive Plan in that the

property is guided for Downtown, and restaurants are a permitted use for this land

use.

b. The proposed use is or will be compatible with present and future land uses of the area.

• Staff Comment: The proposed use is a restaurant, which is a compatible use within

the Downtown Commercial area.

c. The use or structure housing the use will be compatible in appearance with the existing or

intended character of the general vicinity and will not change the essential character of that area.

• Staff Comment: The Heritage Preservation Commission approved a Site Alteration

Permit for exterior improvements at their October meeting.

d. The use will not result in the destruction, loss, or damage of a natural, scenic, or historic

feature of major importance.

• Staff Comment: There will be no destruction, loss, or damage of a natural, scenic, or

historic feature of major importance.

e. The proposed use conforms with the general performance standards contained herein, the

conditional use performance standards found in section 4-5 of this Appendix E, and the Code.

• Staff Comment: The use is in conformance with the City’s performance standards.

f. The proposed use can be accommodated with existing public services and will not

overburden the city's service capacity.

• Staff Comment: The proposed expansion can be accommodated with the existing

public services and will not overburden the city’s service capacity.

g. Traffic generation by the proposed use is within capabilities of streets serving the property.

• Staff Comment: The proposal will add restaurant activity; however, the additional

traffic is not expected to significantly affect traffic within the area.

h. The use will not be detrimental to or endanger the public health, safety, comfort,

convenience, or general welfare of the neighborhood or the city.

• Staff Comment: There should not be any adverse impacts to the health, safety and

welfare of City residents or visitors.

RECOMMENDED CONDITIONS OF APPROVAL

If the Council wishes to approve the request, staff and the Planning Commission recommend the

following conditions of approval:

1. Owner and Occupant agree not to occupy or otherwise use the building at 429 Second Street until such time as a CUP permitting payment of a Parking Impact Fee is issued, the conditions of said CUP have been satisfied and the Parking Impact Fee has been paid.

2. The Owner and Occupant shall enter into a development agreement with the City that

includes an agreement to pay the Parking Impact Fee in accordance with Section 19-9(d) of Appendix E (Zoning Code) for as long as is necessary to satisfy the off-street parking requirements for the use of the property.

3. The Owner and Occupant of 429 Second Street shall be responsible for eight spaces under the Parking Impact Fee for three outdoor dining seats at $600 each ($1,800) and five indoor dining spaces at $1,000 each ($5,000), which will require a total fee of $6,800 per year.

4. The applicant shall obtain all necessary City, watershed district, and other government

entity permits and approvals including but not limited to building permits, utility plans, grading and erosion control plans, etc. prior to the start of construction.

5. A Development Agreement is required for the installation of private improvements to

include the two street trees, a decorative light fixture and the sidewalk replacement. The Development Agreement shall guarantee the completion of all exterior private improvements as shown on the approved site plan per Section 9-10 of Appendix E (Zoning) and all public improvements required by the City Engineer per the Subdivision Ordinance. A Conditional Use Permit will be issued to allow two buildings on a lot in lieu of a subdivision of the property which therefore justifies public improvements per the Subdivision Ordinance.

6. Prior to issuance of a building permit, the applicant shall record this resolution in the chain of title for the property with Hennepin County and shall provide the City with verification of its recording.

7. The Conditional Use Permit shall expire one year from the date of adoption of the

resolution if not acted upon; City approval will be required for any subsequent extension.

PLANNING COMMISSION RECOMMENDATION

At their November meeting, the Planning Commission held a public hearing and considered the

request. They recommended approval with a vote of 5-0.


If the Council agrees with the Planning Commission’s recommendation, they should adopt Resolution 2020-72 approving of a Conditional Use Permit for a Parking Impact Fee for eight spaces for the property located at 429 Second Street. They should also approve the Development Agreement for a Parking Impact Fee.

ATTACHMENTS 1. Application and Narrative 2. Site Plan and Renderings 3. 2020-72 4. Parking Impact Fee Development Agreement

Authentisign ID: A1639C98-F84B-42ED-9860-28C122D621BD

Proposal For:

429 2nd St Excelsior MN 55331

My name is Jon Wolf. I am a resident of Excelsior and we are proposing to bring a new restaurant to Excelsior in the location formerly known as Antiquity Rose Café. The building has been vacant and a major eye sore in Excelsior for more than 5 years. Our proposition is to keep all of the original character, but we need to bring it up to code and safety regulations as well as upgrading efficiency and making sure it’s comfortable for guests. Here is what it looks like in its current condition.

Lot Layout

What Antiquity Rose used to look like with outdoor patio seating.

Proposed Exterior Color: Newburyport Blue with white trim. Color is from the Ben Franklin Historical Color Wheel

Landscape Layout

Interior Layout

Proposed Interior Look

Wolfy’s 2nd st café will serve breakfast, lunch, and dinner. It will be a family friendly environment where people can bring their kids before or after a long day on the lake, or as a pit stop while exploring all the great things Excelsior has to offer. I envision Wolfy’s being a favorite for locals as well as people visiting from out of town. I love living in Excelsior but one of the biggest struggles is finding somewhere to eat breakfast. This will be the only full breakfast restaurant in Excelsior that I think our community will love to have. Not only that but I think everyone will appreciate that something gets done with this building as it will improve the look and feel of the surrounding area. As you could imagine, being vacant for so many years has caused some major disrepair. The windows are very old and either inoperable, painted shut, or cracked. The Boiler system has busted pipes in multiple spots. The porch is deteriorating and unsafe for customers. Poor grading, landscaping, and gutters has allowed moisture in the basement. Cosmetically, we would like to maintain as much historic character of the building as possible which aligns with the Heritage Preservation Commission. We are proposing to:

• paint the outside Newburyport blue with white trim. The color is on the Ben Franklin historical color wheel.

• Replace The windows with Anderson 400 series windows to improve functionality, safety, and efficiency.

• Replace the boiler unit with HVAC forced heating/cooling. This will improve the functional, efficiency, and make an overall more comfortable experience for guests.

• Rebuild the porch to improve quality and safety while keeping the original look and feel.

• Removing the dying tree in the front of building. The owners told me they’ve already had approval to remove the tree. It’s unsafe for guests to have a dying tree while branches fall periodically.

• Replace existing patio to make outdoor seating functional. (see landscape layout)

• Interior remodel • Added Kitchen equipment and finishing lower level to add food prep and

storage as well as employee restroom General Contractor – David Link 612-877-0168 [email protected] Architect – Greg Hackett 612-708-7584 [email protected]

City of Excelsior Resolution No. 2020-72

A Resolution Approving a Conditional Use Permit for Additional Parking Under the

Parking Impact Fee Process for 429 Second Street

WHEREAS, Jon Wolf (“Applicant”) has made application for a Conditional Use Permit

(CUP) to allow for additional parking under the Parking Impact Fee process for the property

located at 429 Second Street (“the Property”); and

WHEREAS, the property is located at 429 Second Water Street, P.I.D. # 34-11- 72-31-

10-034, as described in Exhibit “A”; and

WHEREAS, the City’s Appendix E (Zoning Ordinance) requires a public hearing on

the CUP application to be reviewed by the Planning Commission and City Council; and

WHEREAS, the use of the renovated existing building as a restaurant serving alcohol

with 42 seats (eight of which are outdoor) will require eight additional parking spaces; and

WHEREAS, the Heritage Preservation Commission reviewed a Site Alteration Permit

application for the property at its October 20, 2020 meeting, at which the Site Alteration

Permit was approved; and

WHEREAS, the Planning Commission reviewed the CUP request at its November 23,

2020 meeting, at which time it considered a memorandum from the City’s City Planner,

comments from the Applicant, and the public, and thereafter forwarded its

recommendations to the City Council; and

WHEREAS, the Planning Commission recommended approval of the CUP for a

Parking Impact Fee for eight spaces; and

WHEREAS, the City Council considered the matter at its December 7, 2020

meeting, where it reviewed the recommendations of the Planning Commission on the

application and considered additional comments from Staff and the Applicant; and

2 Resolution 2020-72

NOW THEREFORE BE IT RESOLVED, that the Council of the City of Excelsior,

Minnesota, approves the application for the CUP for the Parking Impact Fee based upon

the following:

FINDINGS OF FACT

1. The proposed project involves the use of a restaurant with alcohol at an

existing renovated building that currently is vacant but used to be used as a

restaurant that did not serve alcohol as well as retail.

2. The current proposal has an approved Site Alteration Permit approved by

the Heritage Preservation Commission.

3. The property is zoned B-1, Central Business District. The proposed use of a

restaurant is a permitted use within this zoning district.

4. Section 19-9 Annual Parking Impact Fee of Appendix E requires Conditional Use

Permits for required parking that is not satisfied by onsite parking stalls.

5. Section 50-5 of the B-1, Central Business District requires a CUP for projects that

include more than one principal building on a base lot. The Applicant has indicated

that splitting the lot would create building code issues for the two buildings.

CONCLUSIONS

1. All of the uses proposed for the property by the Applicant are in conformance with

the Comprehensive Plan and permitted in the B-1 zoning district.

2. The Applicant’s proposal meets all applicable regulations for the B-1 zoning

district.

3. The proposal meets all of the Annual Parking Impact Review Criteria as outlined

in Section 19-9 of Appendix E and all of the Conditional Use Permit Criteria set

forth in Section 4-3 of Appendix E.


4. The Applicant shall be required to pay a Parking Impact Fee, as set by the

Council, for 8 parking spaces for the use of outdoor dining.

CONDITIONS

1. Owner and Occupant agree not to occupy or otherwise use the building at 289 Water Street until such time as a CUP permitting payment of a Parking Impact Fee is issued, the conditions of said CUP have been satisfied and the Parking Impact Fee has been paid.

2. The Owner and Occupant shall enter into a development agreement with the City

that includes an agreement to pay the Parking Impact Fee in accordance with Section 19-9(d) of Appendix E (Zoning Code) for as long as is necessary to satisfy the off-street parking requirements for the use of the property.

3. The Owner and Occupant of 289 Water Street shall be responsible for 16 spaces

under the Parking Impact Fee, which will require a total fee of $14,000 per year. (four parking spaces for infill development providing retail use at $800 each; nine parking spaces for new approved development at $1,000 each; and three spaces required for outdoor dining at $600 each)

4. The applicant shall obtain all necessary City, watershed district, and other

government entity permits and approvals including but not limited to building permits, utility plans, grading and erosion control plans, etc. prior to the start of construction.

5. The site shall comply with the City stormwater requirements. Final stormwater

plans and SWPPP shall be submitted and approved by the City Engineer. A stormwater maintenance agreement shall be required.

6. A Comprehensive Sign Plan for the property shall be required and approved by the

Heritage Preservation Commission and subject to zoning requirements.

7. All mechanical equipment shall be screened in accordance with Appendix E.

8. Two street trees and a decorative light fixture per City standards shall be placed on Third Street to be paid for by the Applicant and subject to the approval of the Public Works Superintendent.

9. All trash containers for 287/289 Water Street shall be stored in the designated

trash enclosure within 289 Water Street. The contracted trash hauler and


property owner shall ensure that the trash containers are returned to the designated trash room after pickup.

10. The plans shall be consistent with those depicted on the drawings and site plans

dated August 19, 2019 and September 6, 2019 and included in the September 23, 2019 Planning Commission packet except for any changes required by the Heritage Preservation Commission, City Engineer or Building Inspector that do not affect setbacks or height of the building.

11. The building permit application must comply with the City Engineer comments as

outlined in the October 14, 2019 Planning Commission memo.

12. Should any changes, issues, and costs arise with existing and proposed improvements, they shall be resolved by the Applicant and approved by the City.

13. All indirect costs with the building permit, review, final plans and Certificate of

Occupancy associated with any costs shall be paid by the Applicant/Owner.

14. A Development Agreement is required for the installation of private improvements to include the two street trees, a decorative light fixture and the sidewalk replacement. The Development Agreement shall guarantee the completion of all exterior private improvements as shown on the approved site plan per Section 9-10 of Appendix E (Zoning) and all public improvements required by the City Engineer per the Subdivision Ordinance. A Conditional Use Permit will be issued to allow two buildings on a lot in lieu of a subdivision of the property which therefore justifies public improvements per the Subdivision Ordinance.

15. Prior to issuance of a building permit, the applicant shall record this resolution

in the chain of title for the property with Hennepin County and shall provide the City with verification of its recording.

16. The conditional use permit shall expire one year from the date of adoption of the resolution if not acted upon; City approval will be required for any subsequent extension.

17. The Heritage Preservation Commission shall review and approve the final design

of the building. Any conditions of the Site Alteration Permit shall be resolved to the satisfaction of the Heritage Preservation Commission.


Adopted this 7th day of December 2020 ___________________________

Todd R. Carlson, Mayor

ATTEST:

_________________________ ________________________________ Emily Becker, Acting City Clerk Kristi Luger, City Manager


EXHIBIT “A”

LEGAL DESCRIPTION

Parcel 1: Lot 39, Auditor’s Subdivision Number One Hundred and Twenty, Hennepin County,

Minnesota.

Note: Said property being registered as is evidenced by Certificate of Title No. 563783

Parcel 2: Part of Lot Forty (40) of the re-survey of the Village of Excelsior, according to a certified copy

of said Plat of Re-survey filed for record in the office of the Register of Deeds in and for said

County and State on May 31, 1885, and recorded in Book 27 of Plats, page 5, which part of said

Lot Forty (40) is described as follows: Commencing at the Southwesterly corner of said Lot,

and running thence Northeasterly along the Northwesterly line of said Lot, Ninety-eight feet

(98’), more or less, to the Southwesterly line of said Lot; thence Northwesterly, along the

Southwesterly line of said Lot, Eighty feet (80’), more or less, to the place of beginning.

Parking Impact Fee Development Agreement

This Development Agreement (“Agreement”) is entered into between the City of Excelsior (“City”), Jon Wolf (“Tenant of Owner”), 429 2nd St, LLC (“Owner”) pursuant to the requirements of section 19-9 of Appendix E of the Excelsior Code of Ordinances.

WHEREAS, Tenant of Owner applied for and received a conditional use permit pursuant to section 19-9 of Appendix E of the Excelsior Code of Ordinances (hereinafter “section 19-9”); and

WHEREAS, the conditional use permit allows Tenant of Owner to pay an annual parking

impact fee of $600 per parking space in lieu of providing three off-street parking spaces for outdoor dining and $1,000 per parking space in lieu of providing five off-street parking spaces for indoor dining; and

WHEREAS, section 19-9 provides that “[a]ny applicant receiving a conditional use

permit pursuant to this section shall enter into a development agreement with the City that includes an agreement to pay the annual parking impact fee for as long as it is necessary to satisfy the off-street parking requirements for the use of the property”; and

WHEREAS, section 19-9 further provides that “[t]he development agreement shall also

include an agreement by the owner of the property for which the conditional use permit is required to permit the City to assess any unpaid annual parking impact fee against the property as a special assessment and include a waiver of any right to object or appeal said assessment”; and

WHEREAS, section 19-9 further provides that, “[t]he obligation to pay the annual

parking impact fee shall run with the property and the development agreement shall be recorded against the property.”

NOW, THEREFORE, in consideration of the City’s grant of a conditional use permit to

Tenant of Owner granting Tenant of Owner the right to operate a restaurant use on Owner’s property despite Owner’s inability to provide sufficient off-street parking, Owner hereby agrees as follows:

1. Parking Impact Fee. Tenant of Owner agrees to pay an annual parking impact

fee of $1,800 in lieu of providing three off-street parking spaces for outdoor dining at a fee of $600 each plus $5,000 in lieu of providing five off-street parking spaces for indoor dining at a fee of $1,000 each at a total of $6,800 to support its restaurant use at 429 Second Street in Excelsior, Minnesota. The annual parking impact fee shall be paid on or before September 1 of each calendar year. The initial annual parking impact fee shall be payable on or before June 1, 2021. The annual parking impact fee Tenant of Owner is obligated to pay in each year after the year in which this Agreement is executed shall be set by the Excelsior City Council by resolution provided that the parking impact fee for the eight off-street parking spaces shall not exceed $6,800 in any year.

2. Termination. Tenant of Owner’s obligation to pay an annual parking impact fee

pursuant to paragraph 1 above shall continue as long as Tenant of Owner’s use of the property makes such payment necessary to satisfy City’s off-street parking requirements under City’s Code of Ordinances.

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3. Assessment. In the event that Tenant of Owner fails to make a parking impact fee payment by September 1 of any year in which such a payment is required pursuant to this Agreement, Owner agrees that City shall have the right to assess an amount equal to the parking impact fee for that year (up to a maximum in any year no greater than the amount provided for in paragraph 1 above) against the property to be collected with property taxes for the property. Owner expressly waives objection to any irregularity with regard to said assessment and any claim that the amount thereof levied against Owner's property is excessive, together with all rights to appeal in the courts. Any such assessment against Owner’s property shall include interest in an amount dictated by the assessment policy then in effect in the City.

4. Recording. This Agreement shall run with the property and remain in effect until

terminated pursuant to paragraph 2 above. Owner agrees to have this Agreement recorded against the property.

5. Waiver Knowing and Voluntary. Owner acknowledges that its waiver of rights

in paragraph 3 above is knowing and voluntary and that it has had the opportunity to consult with legal counsel regarding its waiver of these rights and, in fact, has been encouraged by the City to do so.

6. Notices. All notices or communications relating to this Agreement shall be in writing and shall be deemed given upon hand delivery or deposit in the United States mail, return receipt requested, and addressed as follows: To the City: To Tenant of Owner: City of Excelsior Jon Wolf Attn: City Manager 6170 Church Rd 339 Third Street Excelsior, MN 55331 55331 To Owner: 2130 LLC PO Box 68 Excelsior, MN 55331

7. Governing Law. This Agreement shall be construed in accordance with governed by the laws of the State of Minnesota.

8. Counterparts. This Agreement may be executed in multiple counterparts, each of

which shall be deemed an original, but all of which together shall constitute one and the same document.

3

9. Effective Date. This Agreement shall become effective upon execution by all parties.

IN WITNESS WHEREOF, the parties have executed this Agreement below.

CITY OF EXCELSIOR OLIVE’S FRESH PIZZA By: _____________________ By: ______________________ Todd R. Carlson Jon Wolf Its Mayor Its Owner Date: ____________________ Date: _____________________ By: ______________________ 2130 LLC Kristi Luger Its City Manager By: ______________________ Jon Davis Its Owner Date: ____________________ Date: ____________________

APPLICANT: Kellie Murphy-Ringate, Gary’s First-Class Car Care PROPERTY OWNER: Kellie Murphy-Ringate, Gary’s First-Class Car Care LOCATION: 366 Highway 7 CASE NO.: 20-17 60/120-DAY REVIEW DEADLINE: January 1, 2021/March 2, 2021

SUMMARY AND BACKGROUND

Kellie Murphy-Ringate of Gary’s First-Class Car Care has submitted an application to the City for a variance requests to allow a 20-foot tall pylon sign that exceeds the maximum height allowed for a sign for the property located at 366 Highway 7. Pylon signs, which are defined as freestanding signs mounted on top of a single post greater than ten feet in height, are prohibited in the City. The property is unique in that it is located along Highway 7, and the sign is proposed to be mounted atop an existing canopy pole that is 18 feet in height. Because of the uniqueness of the property’s location and because the sign is proposed to be mounted atop an existing pole, the Planning Commission recommended approval of the proposed variances with a vote of 5-0. DETAILS/ANALYSIS Property Background. The property is located within the B-6 Highway Office, Retail and Residential District zoning district. The property was previously used as an automotive center, and the proposed new use is Gary’s First-Class Car Care, which previously used to be located at 301 Water Street. While the use is not permitted in the zoning district in which it is located, it is a legal non-conforming use and is allowed to continue so long as the use is not expanded. Proposed Signage. The applicant is proposing to place three signs on the property; one of which will be a wall sign that was on the building at Gary’s previous location at 301 Water Street, and two of which will be mounted on a pole that was part of the canopy that used to be in front of the building on the subject property. The signs that will be mounted on the poles include an

Date:

Item 8(c) – 366 Highway 7 Sign Variances


City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

advertisement for the building as well as a message board that will promote community events, safety tips, vehicle care reminders, and positive messages. Allowable Signage. There are up to three signs allowed on one property within the zoning district in which this property is located, and the maximum square footage per lot is not to exceed two square feet per front foot of building plus one square foot for each front foot of lot not occupied by such building which fronts on a public right-of-way 50 feet or more in width. The building lineal measurement of the front of the building is 75 feet, and the lot fronts a public right-of-way which the building does not occupy at a width of 50 feet, and so the maximum allowable square footage of signage on the property is 200 square feet. The proposed signage on the pole totals 74.66 square feet, and the wall signage totals 92 square feet, and so the total proposed square footage of signage is 166.66, which is below the total allowable amount. Pylon signs, which are defined as a freestanding sign mounted on top of a single post greater than ten feet in height, are prohibited in the City. Monument signs are allowed at a height of up to eight feet, however, the proposed sign does not meet the definition of a monument sign. Therefore, variances will be required to allow a sign of the proposed height and style. The applicant has indicated that the sign is proposed at the height that it is because the view for people in vehicles traveling in the west bound lane is partially blocked by the sign for 350 Highway 7, and drivers must get all the way past the sign to see the signage that would go on the property. Additionally, the speed on Highway 7 is higher than City streets, and the allowable height of a monument sign was likely not taken into consideration for speeds on Highway 7. Finally, the higher sign will direct the line of sight of drivers higher enabling them to have a broader view of the area, such as vehicles entering on Highway 7 and Oak Street, and other activity that can occur along the edge of the highway.

PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing and reviewed the proposed variances at their November 23, 2020 meeting. The Planning Commission felt that the variances were warranted as the property is unique in that it was located on Highway 7 with minimal frontage on a City street. They also wanted to ensure that allowing a pylon sign in this location would not set a precedent but felt that because there is an existing canopy pole at 18 feet in height that a pylon sign at 20 feet in height would be acceptable. They recommended approval of the variances with a vote of 5-0. Variance Review Criteria Minn. Stat. § 462.357, subd. 6(2). This statute requires a City’s Board of Appeals and Adjustments (the “Board”) evaluating a variance request to make the following inquiries: 1. Is the property owner proposing to use the property in a reasonable manner not permitted by

the ordinance? Staff Comment: While the use of an automotive shop is not permitted in the zoning district in which the property is located, it previously was an automotive shop, and therefore the use may continue so long as it is not expanded in anyway. The property owner is proposing a sign that is taller than the allowable height in order to allow visibility on Highway 7, which has higher speeds than the rest of the City streets within the City. 2. Is the plight of the property owner due to circumstances unique to the property that have not

been created by the landowner?

Staff Comment: The property is located on Highway 7 and has very limited frontage (50 feet) on a City street. There are only three other properties in Excelsior that have this same characteristic. 3. Will the variance, if granted, alter the essential character of the area?

Staff Comment: The variance is not expected to alter the essential character of the area. The pole on which the sign will be mounted already has existed on the property, and so an addition of two signs on said pole will likely not affect the essential character of the area. 4. If a variance is granted, will the outcome be (a) in harmony with the purpose and intent of the

ordinance, and (b) consistent with the comprehensive plan. Staff Comment: The purpose and intent of the ordinance is to prevent tall signs within the City. The property, however, is not very visible from other parts of the City, and the ordinance likely does not take into consideration properties which mainly front Highway 7 and do not have significant frontage on City streets. Findings for Approval for Variances: a. The Applicant’s property is a 16,526 square foot site located in the B-6, Highway Office, Retail

and Residential zoning district and mainly fronts State Highway 7 with minimal frontage on a City street.

b. The Applicant is requesting approval of a variance to allow a pylon sign that exceeds the

maximum height requirements within the B-6 zoning district.

c. The speed limit for Highway 7 is significantly higher at 55 miles per hour than City streets, which have a speed limit of 30 miles per hour.

d. The view of the property is partially blocked for drivers on Highway 7 by the sign for the property located at 350 Highway 7.

e. The higher sign will direct the line of sight of drivers higher enabling them to have a broader view of the area, such as vehicles entering on Highway 7 and Oak Street, and other activity that can occur along the edge of the highway.

f. The sign will be similar in height to the canopy that was previously located on the property and is not expected to obstruct visibility for drivers with a setback of 18.5 feet from the right-of-way.

g. The existing canopy pole on which the sign will be mounted is 18 feet in height.

h. All other standards including required setbacks and maximum sign square footage requirements have been met.

i. While the use of an automotive shop is not permitted in the zoning district in which the property is located, it previously was an automotive shop, and therefore the use may continue so long as it is not expanded in anyway. The property owner is proposing a sign that is taller than the allowable height in order to allow visibility on Highway 7, which has higher speeds than the rest of the City streets within the City.

j. The property is unique in that it is located on Highway 7 and has very limited frontage (50 feet) on a City street. There are only three other properties in Excelsior that have this same characteristic.

k. The variance is not expected to alter the essential character of the area. The pole on which the sign will be mounted already has existed on the property, and so an addition of two signs on said pole will likely not affect the essential character of the area.

l. The requested variance is in harmony with the purpose and intent of the ordinance. The purpose and intent of the ordinance is to prevent tall signs within the City. The property, however, is not very visible from other parts of the City, and the ordinance likely does not take into consideration properties which mainly front Highway 7 and do not have significant frontage on City streets.

m. The existing canopy pole height of 18 feet greatly contributes to the City’s acceptance of a pylon sign at 20 feet in height.

Recommended Conditions of Approval for Variance Requests: 1. The applicant shall obtain all necessary City, watershed district, and other government entity

permits and approvals including but not limited to a sign permit. 2. The plans shall be consistent with those dated October 28, 2020 and included in the

November 23, 2020 Planning Commission packet and December 7, 2020 Council packet. 3. The applicant shall record this resolution in the chain of title for the property with Hennepin

County and shall provide the City with verification of its recording. 4. The variance shall expire one year from the date of adoption of the resolution if not acted

upon; City approval will be required for any subsequent extension.


If the Council agrees with the Planning Commission recommendation, they should adopt Resolution 2020-73 approving variance requests to allow erection of a 20-foot tall pylon sign for the property located at 366 Highway 7.

ATTACHMENTS 1) Application 2) Narrative 3) Sign Renderings 4) Public Input 5) Resolution 2020-73

City of Excelsior

Resolution No. 2020-73 A Resolution Approving Sign to Allow Erection of a 20-foot Tall Pylon Sign for the Property

Located at 366 Highway 7

WHEREAS, Kellie Murphy-Ringate of Gary’s First-Class Car Care, 366 Highway 7, Excelsior, MN 55331, (“Applicant”) made application for variances to allow a pylon sign, which is prohibited within the City of Excelsior, the exceeds the maximum height requirements for the property located at 366 Highway 7, Excelsior, Minnesota, P.I.D. # 34-117-23-14-0042, as legally described in Exhibit “A” (“Property”); and WHEREAS, at its November 23, 2020 meeting, the Planning Commission held a public hearing, took comments from the Applicant, and recommended to the City Council that the requested variances be approved; and WHEREAS, the City Council is required to consider the application after it is reviewed by the Planning Commission; and WHEREAS, the City Council at its December 7, 2020 meeting reviewed the recommendation of the Planning Commission and considered additional comments from staff, the Applicant, and the Planning Commission; and NOW, THEREFORE, IT IS RESOLVED, that the Council of the City of Excelsior, Minnesota, grants the requested variances to allow a 20-foot tall pylon sign based on the following:

FINDINGS OF FACT

1. The Applicant’s Property is a 16,526 square foot site located in the B-6, Highway

Office, Retail and Residential zoning district and mainly fronts State Highway 7

with minimal frontage on a City street.

Resolution 2020-73 Page 2 of 5

2. The Applicant is requesting approval of a variance to allow a pylon sign that

exceeds the maximum height requirements within the B-6 zoning district.

3. The speed limit for Highway 7 is significantly higher at 55 miles per hour than

City streets, which have a speed limit of 30 miles per hour.

4. The view of the Property is partially blocked for drivers on Highway 7 by the sign

for the Property located at 350 Highway 7.

5. The sign will be similar in height to the canopy that was previously located on

the Property and is not expected to obstruct visibility for drivers with a setback

of 18.5 feet from the right-of-way.

6. The existing canopy pole on which the sign will be mounted is 18 feet in height.

7. All other standards including required setbacks and maximum sign square

footage requirements have been met.

CONCLUSIONS

1. While the use of an automotive shop is not permitted in the zoning district in

which the Property is located, it previously was an automotive shop, and

therefore the use may continue so long as it is not expanded in anyway. The

Property owner is proposing a sign that is taller than the allowable height in

order to allow visibility on Highway 7, which has higher speeds than the rest of

the City streets within the City.

2. The Property is unique in that it is located on Highway 7 and has very limited

frontage (50 feet) on a City street. There are only three other properties in

Excelsior that have this same characteristic.

3. The setback of the pole, at 18.5 feet from the right-of-way, does not interview

with traffic sight lines.


4. The variance is not expected to alter the essential character of the area. The pole

on which the sign will be mounted already has existed on the Property, and so

an addition of two signs on said pole will likely not affect the essential character

of the area.

5. The requested variance is in harmony with the purpose and intent of the

ordinance. The purpose and intent of the ordinance is to prevent tall signs within

the City. The Property, however, is not very visible from other parts of the City,

and the ordinance likely does not take into consideration properties which

mainly front Highway 7 and do not have significant frontage on City streets.

6. The higher sign will direct the line of sight of drivers higher enabling them to

have a broader view of the area, such as vehicles entering on Highway 7 and Oak

Street, and other activity that can occur along the edge of the highway.

7. The existing canopy pole height of 18 feet greatly contributes to the City’s

acceptance of a pylon sign at 20 feet in height.

CONDITIONS

Approval of the variances is subject to the following conditions:

1. The applicant shall obtain all necessary City, watershed district, and other

government entity permits and approvals including but not limited to a sign

permit.

2. The plans shall be consistent with those dated October 28, 2020 and included in

the November 23, 2020 Planning Commission packet and December 7, 2020

Council packet.

3. The applicant shall record this resolution in the chain of title for the Property

with Hennepin County and shall provide the City with verification of its

recording.


4. The variance shall expire one year from the date of adoption of the resolution if

not acted upon; City approval will be required for any subsequent extension.

Adopted by the City Council of the City of Excelsior, Minnesota, this 7th day of December 2020.

__________________________ Todd R. Carlson, Mayor

ATTEST: _____________________ __________________________ Emily Becker, Interim City Clerk Kristi Luger, City Manager


Exhibit “A”

LEGAL DESCRIPTION

Parcel A: (Torrens) That part of Lot 4, “College Point,” lying southeasterly of a line described as follows: Commencing at the most westerly corner of said Lot 4; thence southeasterly, along the southwesterly line of said Lot 4, a distance of 56.00 feet to the point of beginning of the line to be described; thence northeasterly deflecting to the left from said last described at an angle of 72 degrees to the point of intersection with the northeasterly line of said Lot 4 and there terminating. That part of vacated Maple Street lying between said Lot 4 and the northerly line of State Highway No. 7 and between the extended northeasterly and southwesterly lines of said Lot 4, Except that part of the above-described lands shown as Parcel 246 on Minnesota Department of Transportation Right-of-Way Plat Numbered 27-119. Parcel B: (Abstract) Lot 5, College Point, and Lot 308, Auditor’s Subdivision No. 135, Hennepin County, Minnesota. That part of Maple Street vacated lying between said Lot 5 and the Northerly line of State Highway No. 7 and the extended Northeasterly line of said Lot 5. Except that part shown as Parcel 246 on Minnesota Department of Transportation Right-of-Way Plat Number 27-119.

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Emily Becker

From: Andrew Punch <[email protected]>Sent: Thursday, November 12, 2020 10:26 AMTo: Emily BeckerSubject: Variance for 366 Highway 7 Public Comment

Emily, Sarah and I are supporting the approval of the variance for 366 Highway 7 for the 20 foot sign. We know it would be a great addition to the view of Excelsior from Hwy 7 and help identify the location of one of our best business partners in the community. Andrew and Sarah Punch 561 3rd St, Excelsior, MN 55331

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Emily Becker

From: Lisa borene <[email protected]>Sent: Tuesday, November 24, 2020 8:27 AMTo: Emily BeckerSubject: RE: 366 Highway 7 Excelsior

Emily – I was not able to join the meeting last evening. What is the outcome? We are opposed to this variance in signage. Lisa Borene | Vice President, Property Management Paramount Real Estate Corp |TCN Worldwide 1650 W 82nd Street | Ste 725 Bloomington, MN 55431 D: 952.746.1897 M: 952.237.8186 [email protected] www.paramountre.com TRUSTED. DEDICATED. EXPERIENCED.

TCN Worldwide, a consortium of independent commercial real estate firms, provides complete integrated real estate solutions locally and internationally. With approximately $20.7 billion in annual transactions and over 80 million square feet of space under management, TCN Worldwide ranks as one of the largest service providers in the industry. Across all property types and service groups, TCN Worldwide’s 1,200+ brokers and salespeople have a well-earned reputation for independent thinking and cooperative problem solving in more than 200 markets worldwide. Web Site: www.tcnworldwide.com Market Statistics: www.tcnworldwide.com/marketreports

From: Emily Becker Sent: Monday, November 16, 2020 8:41 AM To: Lisa borene <[email protected]> Subject: RE: 366 Highway 7 Excelsior I don’t know the existing height, only what is being proposed for the sign as shown in the rendering. It does appear that the western canopy support would act as the base for the sign. Emily Becker ● Planning Director Direct Phone 952.653.3674 |Fax 952.474.6300 www.excelsiormn.org |[email protected] City Hall is open 7:30 am‐5:30 pm, Monday‐Thursday

From: Lisa borene <[email protected]> Sent: Monday, November 16, 2020 7:04 AM

At the September 28th City Council Special Meeting, the Council approved a Preliminary Tax Levy

increase of 15.0%, or $266,114 over the 2019 payable 2020 levy. Since setting the preliminary levy, the

Council has continued to refine the General Fund Budget and solidify what major capital projects will be

undertaken in 2021, as well as the respective levy impacts the potential projects will have on the levy.

The Final 2021 General Fund Budget and 2020 Payable 2021 Levy will be confirmed during the December

7th work session and presented during the regular Council Meeting.

Minnesota Statute 275.065 requires that cities with a population over 500 must hold a meeting to allow

public input on the final budget and tax levy. The meeting must be held at or after 6:00 p.m. and the

public must be allowed to speak at the meeting before the adoption of the final budget. The Council

previously adopted a resolution stating the public meeting and public comment regarding the final

budget and tax levy would be scheduled for the Monday, December 7, 2020 City Council Meeting.

Staff will make a presentation regarding the final budget and tax levy. After the presentation, the Council

should accept public comment on the budget and tax levy.

The complete 2021 Budget Document which includes the General Fund, Special Revenue Funds, Debt

Service Funds, Capital Improvement Funds, Enterprise Funds and Capital Improvement Plan, will be

available on or before Monday, December 21st. The Council is scheduled to approve the final budget and

tax levy at the December 21st City Council Meeting.

Council Action: Accept public comments, and no further action needed at this time.

Date:

2021 General Fund Budget

Marian Potter Finance Officer City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

Summary and Background At the June 29, 2020 Regular City Council Meeting, staff was directed to develop alternative concepts for improvements within the East Parking Lot. Following a review of several alternative concepts and preliminary cost estimates at the September 9 and September 21, 2020 Regular City Council Meetings, council directed staff to proceed with design to arrive at pre-bid construction cost estimates for the Basic reconstruction option including sanitary sewer rehabilitation, which as previously identified addresses priority infrastructure needs and deficiencies including ADA while maintaining maximum parking stall counts within the East Lot. Design and cost estimates are completed, and only preparation of construction plans and specifications and the bidding contract procurement remain in the project delivery process. The same updated estimates for the East Lot have been included in recent City Council budget and Capital Improvement Plan reviews and discussion. Council Action The Council should discuss the estimated cost for the project and provide direction to staff on authorizing completion of construction documents and the advertisement for bids for the City of Excelsior East Parking Lot Improvements Project. ___________________________________________________________________________ Full Description East Parking Lot improvements have been included in the Capital Improvement Plan and were identified for priority at the February 29th Strategy Session, the June 1 Council Work Session. In September, undergrounding of overhead private electrical and telecommunication utilities was discussed at an estimated cost of $150,000 to $250,000, and at that time, Council elected not to proceed with a Detailed Engineering & Design Analysis (DEDA) by Xcel Energy at a cost of $2500 to $5000 to have a more detailed design cost opinion prepared by Xcel Energy, who would need to coordinate the undergrounding effort for overhead utilities. This option is available to the city at any time, with the fee being non-refundable, however if the city enters into an agreement to move forward with the undergrounding, the amount of the fee would be applied toward the city’s cost of the overall effort per Xcel Energy policy.

Date:

Item East Parking Lot Improvements Concepts

Morgan Dawley, City Engineer

City Council

MEMORANDUM Re:

To:

December 7, 2020

From:

No significant design modifications from the concept alternative have been made in the preparation of the detailed design, an illustration of which is included in attachment to this memo. Minor enhancements which were necessary upon further investigation and design include: 1) Addition of concrete valley gutter and extra storm sewer catch basin inlets to more efficiently

channel stormwater runoff through the low areas and reduce localized ponding during storm events.

2) Full replacement of a segment of sanitary sewer pipe that upon televising inspection was found to be in early state of failure and not a candidate for CIPP (cured-in-place-pipe) lining.

As included in all recent budget and CIP Council discussions, estimated total project costs at $990,000 remain close to the concept cost estimate previously presented ($900,000) with the increase specifically attributable to the additional storm and drainage as well as sanitary sewer work identified during design and previously outlined above. A breakdown of the cost components using updated estimates as taken from the Pavement Management Plan and as a component of the proposed Capital Improvement Plan, is included below.

One item for Council consideration include the minor areas of asphalt paving that exist outside of the primary parking lot proper, and that abut individual building foundations, also including the Marty’s Chiropractic area. All these areas are on private property and are outside the normal areas that Excelsior Public Works typically maintains. These areas have been identified and estimated separately on the attached illustration, as well in cost estimates (in total approximately $39,000). These areas can efficiently be overlaid with new pavement at the same time as hand work. At the discretion of the Council, there are two options: 1) Include these areas in the overall improvements’ effort at city cost. 2) Provide an option to adjacent property owners to have the work completed by the city but paid

for by the property owner using actual construction costs, and by written agreement. An analysis of what these cost responsibilities might be per property owner ranged typically from approximately $2,000 to $5,000, with the Marty’s Chiropractic parking area the largest area at a cost of approximately $15,000. Staff will be available at the meeting to provide a brief overview presentation and answer questions.

Council Discussion The Council should review the estimated cost for the project and provide direction to staff on authorizing completion of construction documents and the advertisement for bids for the City of Excelsior East Parking Lot Improvements Project. Attachments Design Overview and Project Cost Summary Exhibit

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K:\016468-000\Cad\Exhibits\FIG

-2.1_016468-000-PRO

P_90_W

-E.dw

g 11/4/2020 9:38:01 AM

CITY OF EXCELSIOR

2020 EAST PARKING LOT IMPROVEMENTS

PROJECT DATE: 07/21/20

CITY PROJECT NO. XXX

WSB PROJECT NO. 016468-000

FIGURE 1.0

DESIGN OVERVIEW

10/30/2020

SCALE IN FEET

0

H:

20 40

N

3R

D S

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EE

T

2N

D S

TR

EE

T

SOUTH LOT

NORTH LOT

EAST DR

UN

IO

N P

L

MARTY'S CHIROPRACTIC LOT

LEGEND

s

ROAD RECONSTRUCTION

LOT FULL DEPTH MILL

& OVERLAY

PRIVATE LOT MILL & OVERLAY

STORM SEWER

STORM SEWER MH/CB

SANITARY SEWER

SANITARY SEWER MH

DT

DT

Project Costs

A.East Drive, Union Place, North Lot and South Lot

Surface Improvements = $683,000Storm Sewer Improvements = $135,000Sanitary Sewer Improvements = $133,000

Project Cost: $951,000

B.Private Parking Areas

Surface Improvements = $39,000

Total Project + Private Costs: $990,000

STAUNTONLAW MEMORANDUM 5277 lochloy drive edina, minnesota 55436

(952) 836.1020 TO: Mayor and City Council FROM: Kevin P. Staunton City Attorney RE: Shorewood Sewer Cost Negotiations DATE: December 3, 2020 At your November 2 meeting, you appointed Council Member Kurschner and Mayor Carlson to engage in discussions with two Shorewood elected officials in an effort to find a resolution to the dispute over charges for sewer service. Council Member Kurschner and Mayor Carlson have met with Shorewood elected officials since that time and will provide a summary of those discussions. They are recommending the following elements for a proposal to the Shorewood City Council to resolve the issue:

• New Agreements – agreed upon before the first of the year – governing both Water and Sanitary Sewer Service. The agreements (or, if appropriate, a single agreement) would include the following components:

o A service rate based on what Excelsior charges its own rate payers with an agreed-upon upcharge for the non-resident service.

o Water flow determined by meters at the Shorewood properties receiving Excelsior water service with Excelsior rights to inspect, repair, or replace the meters to ensure that they are working properly and Excelsior right to read the meters.

o Sewer Flow to be determined based on updated unmetered flow calculations provided annually by the Metropolitan Council.

• Negotiation of a resolution of Shorewood’s overcharge claim based upon charges for service for the years 2014 through 2019.

If authorized, Mayor Carlson and Member Kurschner anticipate Shorewood’s Council could consider the terms of a proposal at one of its December meetings. A final resolution would require approval by the full Excelsior City Council. RECOMMENDED ACTION: Approve the proposed approach to negotiating a resolution to the dispute. cc: Kristi Luger

City of Excelsior

Documents

Transcript of City of Excelsior