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HomeMy WebLinkAbout2021-05-18 CC MINti liwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 18, 2021 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:04 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders City Planner Wittman PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Oath of Duty presentation for Officer David Crist and Officer Joshua Ramirez Police Chief Mueller gave the Oath of Duty to Officers Crist and Ramirez. Their families pinned on their badges. Presentation by Sustainable Stillwater for Green Business Directory Mike Lyner, Sustainable Stillwater MN, introduced the Sustainable Stillwater members who put together the Green Business Directory: Wendy Gorski, Board Member; Kelsey Depew, Membership Manager; and Nancy Lyner, Green Business Directory Educator. Ms. Gorski explained the Greater Stillwater Area Green Business Directory at the URL GreenStillwater.oag. It lists businesses that are socially and environmentally responsible in terms of community engagement, energy use, hazardous materials management, office practices, recycling, stormwater pollution, transportation, and water use. She requested an endorsement of the project from the Council. Mayor Kozlowski thanked the group and agreed to post the directory on the City's website. Ms. Lyner stated a resolution was submitted for possible adoption at another meeting. Councilmember Polehna thanked Sustainable Stillwater MN for last week's migratory bird day event. City Council Meeting May 18, 2021 Resolution 2021-069. Certificate of Retirement for Bill Turnblad, Community ❑evelopment Director Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2021-069, Certificate of Retirement for Bill Turnblad. All in favor. Mayor Kozlowski and the Council commended Mr. Turnblad for his service as Community Development Director for the past 15 years. Mr. Turnblad expressed what a privilege it was to work for his hometown. OPEN FORUM There were no public comments. STAFF REPORTS Public Works Director Sanders provided an update on the Riverbank Stabilization/ Riverwalk project. The permit has been received from the Corps of Engineers. An MPCA Grant may provide some funding for the project. Bike racks for downtown have been ordered. The Rec Center parking lot will be closed until June 1. Police Chief Mueller stated May is Mental Health Awareness Month. The Department is working with Washington County on the MORE Program, highlighting substance abuse. The protest front has been quiet. There are operational changes in the Department, including more downtown precinct coverage. He updated the Council on officer interviews. He commended Brad Junker for the bike rodeo. The Stillwater Area High School graduation parade will be June 5 starting at 4 p.m. Mayor Kozlowski suggested the Council revisit the skateboarding ordinance. He also requested that Chief Mueller look into posting a suicide hotline phone number on the high bridge. Fire Chief Glaser stated the Fire Department hosted the Chamber's Coffee Talk on May 5. This is National EMS Appreciation Week. He thanked all EMS personnel for their service especially during the pandemic. Chief Glaser also thanked the Council for condolences on the loss of his father. Community Development Director Turnblad stated that of 10 Short Term Home Rental Type C licenses available downtown, nine have been issued. There are plenty of Type A & B licenses available. He thanked Zoning Administrator Graham Tait for his work with Sustainable Stillwater. He noted that Paul Larson has a suggestion to convert the Bergstein Shoddy Mill buildings to restaurant and event use. He inquired if the Council would like to hear Mr. Larson's proposal, or open it up for an RFP. Council consensus was to revisit discussion of possible reuse of the buildings and to invite Mr. Larson to present his idea. City Administrator McCarty stated there is a tentative agreement on the State Budget Bill. The 2022 City budget process will begin soon. A strategic planning session will be held in July. Page 2 of 13 City Council Meeting May 18, 2021 CONSENT AGENDA May 4, 2021 Regular and Recessed Meeting Minutes Payment of Bills 45th Parallel Spirits Distillery Cocktail Room On -Sale with Sunday Sales and Off -Sale Liquor License 2021 Bridge the Valley Bike Rally Event 2021 Summer Tuesdays Event Contract 2021 UMR Grand Classic Event 2021 Vets Memorial Day Event Update Engineering Services for Main Street Traffic Signal System Fireworks Permits for Cub Foods and Target Ordinance 1167, An Ordinance Enacting Chapter 52, Sec. 52-19 Regarding Predatory Offenders of the City Code of the City of Stillwater Ordinance 1166, An Ordinance Amending Section 31-300 Establishment of Districts by Rescinding Ordinance 1158 and Rezoning Approximately Nine Acres to RA One - Family Residential; approval of White Pine Ridge Development Agreement Planning Services Contract during Community Developer Director Vacancy Resolution 2021-070, A Resolution Authorizing the City of Stillwater to Adopt a Reassessment of Certain Properties for the 2019 Street Improvement Project River Siren Brewing Company Taproom On -Sale with Sunday Sales and Off -Sale Liquor License Stillwater Area Hockey Association Gambling Permit at Ziggy's on Main Technology Reimbursement Policy Update for Commissioners Resolution 2021-071, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises [Nacho Mama's] Councilmember Odebrecht commented that the owner of River Siren Brewing Company is interested in trying to provide vaccines with beer. Councilmember Junker stated there are errors in the numbers given in the May 4 Council meeting minutes in regard to the 200 Chestnut building. He will work with the City Clerk to correct the numbers. The minutes were pulled from the Consent Agenda for correction and adoption at a later date. Councilmember Junker requested clarification on the Reassessment of Certain Properties for the 2019 Street Improvement Project. Mayor Kozlowski explained that mediation occurred and the City and property owners settled on an approximately 30% reduction in the assessments for the five properties. Without reaching agreement, there would have been individual trials for each property at potentially significant cost to the City. Additionally, the City erred by not assessing one property whose only frontage was the driveway, impacting the other assessments. He feels this illustrates the need to revisit the assessment policy and the discrepancies in value that a new street brings to a property owner. He feels the policy should be more consistent for residents and include a not to exceed amount or percentage. Councilmember Polehna commented whenever the assessment policy is changed, residents who already paid an assessment oppose being further taxed to pay for streets throughout the City. Page 3 of 13 City Council Meeting May 18, 2021 Councilmember Junker noted that some streets have not been reconstructed in 40 years, and that appraisals done throughout the area came in higher than the actual assessment. Mayor Kozlowski stated he feels that homeowners should not bear 70% or 80% of street reconstruction costs. Councilmember Polehna recalled the assessment policy used to be 50/50%, but that did not bring in enough money to do the streets. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Consent Agenda as amended. All in favor. PUBLIC HEARINGS HPC Case 2021-10 to consider a request by property owner Jason Ous for after -the -fact approval of demolition and reconstruction at 304 Hazel St E.. City Planner Wittman stated this home was constructed in the 1870s. While the structure was associated with state and local historic contexts, it was not determined to be eligible for listing on the National Register. It was in fair condition in 1998. The current owner took possession of the home in October 2019 at which time permits for new windows, new siding, and water/sewer hookup were issued by the City. The City inspected the water/sewer connections in September 2020, but no additional inspections have occurred. On November 30, 2020 the property owner submitted a building permit application for full interior and exterior rehabilitation. Upon review of the property, it was determined unpermitted exterior alterations, including demolition, addition and fagade alterations occurred without appropriate planning, zoning, and building inspection office review and approval. On December 30 and, again, on January 28, 2021, Zoning Administrator Tait sent notice to the property owner that the unpermitted work would require review and approval by both the HPC and Planning Commission prior to the review of the building permit application. On March 10 the City received an HPC application for the unpermitted work. The property owner states the work occurred because the second story of the structure collapsed. He is seeking approval of a Demolition Permit for the removal of the front porch improvements and portions of the front -facing roof, renovation and second story addition. While an array of building materials is used on all four sides, the structure lacks four-sided design. The flat roof is out of character for the residence and the neighborhood. On April 21, 2021 the Heritage Preservation Commission held a public hearing to consider the Building Demolition Permit request and voted to recommend denial of the Building Demolition Permit. Public comment was received from Kevin Tilka, 1921 1st Street North expressing concerns about the design of the structure, the safety of the improvements and the structure's appurtenances, and the activities occurring on the site. These sentiments have also been expressed by other adjacent property owners requesting enforcement of other plausible zoning code infractions. Additional concerns were expressed in a letter from Melanie Ebertz, 1924 1st Street North. Staff and the HPC recommend the City Council deny the after -the -fact Building Demolition Permit. Mayor Kozlowski noted the house was under construction for a while. He asked if anyone in the Planning Department drove down Hazel street during the past year; and Ms. Wittman replied when staff members are out in the field, they keep their eyes and ears on projects, but Hazel is not a well traveled street and staff did not see this project. Page 4 of 13 City Council Meeting May 18, 2021 Councilmember Junker added that when the HPC considered this case a month ago, they were concerned about discussing design review and code violations without the applicant being present. Mayor Kozlowski opened the public hearing. Jason Ous, applicant, stated the project has not been pleasant. The initial plan was never to go anywhere near this extent of work. Events kept occurring, including a catastrophic failure of the story and a half portion facing east. Permits were pulled for roofing, siding, electrical, connections to City sewer and water, and multiple attempts were made to get those other pieces in place. He accepts full culpability for pushing this project further along. There was no intent to deceive. Councilmember Odebrecht inquired if it was disclosed at closing that this was an historic house; and Mr. Ous replied he knew it was an old house, but nothing was disclosed about it being historic. Ms. Wittman reiterated it is not eligible for listing, but the City's demolition review ordinance affects any house built before 1946. Councilmember Odebrecht remarked he does not believe everything that is old is worth saving, however this could have been discussed and the City has been robbed of that discussion. This house goes back to the Civil War era and he is upset about what has been done. Mr. Ous apologized for not being at the HPC meeting. He had understood that his presence would be irrelevant. Melanie Ebertz, First Street North, just up the hill from the property, stated it baffled her that the high impact activity on Hazel Street was going unnoticed by the City for about a year and a half. Having done historic remodel work herself, it would never have occurred to her to do anything without a permit. What is more impactful for the neighborhood, and a lot of neighbors are fearful to speak out, is the intense activity. It appears there were months that work was not being done on the house, but there were up to six trailers and trucks parked in the driveway and intense truck and trailer activity on Hazel starting about 7 a.m. Employees were parking all day and being picked up and taken elsewhere and the vehicles were left on Hazel Street all day. Backing up the trailers is dangerous especially because there are many pedestrians and bicyclists on the blind hill. She believes Waves Minnesota is the name of the business and it looks like a heavy equipment operation and they are using the place as a shop. She also has huge concerns about the design, which is out of character for the neighborhood. She asked the applicant to address what is the intention for this property. Mr. Ous apologized to the neighbor across the street. He stated there is no intent to house any of his construction equipment at the property. A ramp was constructed due to the grade, to improve the ability to get in and out. Two weeks ago he got topsoil in place and it was seeded. When he purchased this home it was to have a place for his mother-in-law, but most likely that will not happen due to her age. He does not want to own this property after completion. He will not be using it for an Airbnb or any other purpose. On a question by Councilmember Junker if all the construction equipment was strictly for construction on the house; and Mr. Ous responded that he owns Working American Veteran Page 5 of 13 City Council Meeting May 18, 2021 Employment Solutions - WAVES. He does remodeling work. Usually, the vehicles are on station on different projects or in the shop in St. Paul Park. There were vehicles at this site over the winter because of COVID limitations, but that has been remedied with no intent to have equipment there ever again. Mayor Kozlowski closed the public hearing. Councilmember Junker inquired if there is any way that plumbing, electrical, and foundation can be accurately inspected after the fact without ripping into walls; and Mr. Turnblad replied that any improvements that are behind sheet rock at this point can not be inspected without tearing the sheetrock out. Councilmember Odebrecht stated he feels an inspection must be made even if sheetrock must be removed. Mayor Kozlowski asked what has been inspected; and Ms. Wittman answered that the water and sewer connections have been inspected, including the connections to the pipe in the street. The piping in the house has not been inspected. No framing, foundation work, or interior inspections have been done. Without a certificate of survey, it is not clear where the house sits in regard to property lines. City staff spoke with Mr. Ous well before COVID and advised, when he got the window permit, that more approvals would be needed and that further work should not be done. If a structure is within three feet of a property line, a survey is required. She explained the normal application and review process. On a question by Mayor Kozlowski if it would be more accurate to assume the house is over the property line or that it is within the property line; Ms. Wittman replied that the steps are on the property line of the Hazel Street right-of-way. The house is within the property line. Most concerning at this point is the back right corner that could potentially be on DNR land. Mayor Kozlowski inquired if permits had been obtained to build what is currently there, what variances would have been required; and .Ms. Wittman responded that variances to the front, side and rear yard setbacks would have been required and also possibly a lot coverage variance. A design permit would be required from the HPC because the property is located in the neighborhood conservation district. Design review ensures that a home fits the neighborhood in mass and scale and uses four sided design. Mayor Kozlowski asked if the HPC feels the design does not fit, what does the property owner do; and Ms. Wittman replied sometimes the HPC will approve a design permit with conditions. Another option is outright design permit denial, which tells the applicant to go back to the drawing board. The applicant may appeal the decision to the City Council. Mayor Kozlowski then asked, was the footprint expanded; and Ms. Wittman answered that she does not believe the footprint was expanded, but likely there were foundation repairs done. On a question by Councilmember Odebrecht if the case can be sent back to the HPC and Planning Commission for recommendations on design changes, inspections, survey and so on; City Attorney Land responded that the Council may overturn a decision or send it back to the HPC. The City should give the homeowner some direction on what he needs to modify to make it more acceptable to the HPC. Then let the HPC do their job and apply their rules, knowledge and expertise. Page 6 of 13 City Council Meeting May 18, 2021 Mayor Kozlowski remarked this is one of those homes he has always wanted to see fixed up. He suggests that the HPC review it carefully and give direction as to exactly what the house needs to look like. The variances need to come before the Council for discussion. There should be a fine for demolishing a house prior to getting a demolition permit. The inspections need to happen even if drywall needs to be removed. He does not want to allow somebody to build an unsafe house. He feels it is a concession that the City is not requiring Mr. Ous to tear the whole thing down. Councilmember Junker pointed out that there is no choice but to grant the variance, unless they rip down part of the addition. Councilmember Odebrecht stated, in addition to robbing the Council of the ability to have that discussion, Mr. Ous also robbed himself of the ability to explain "this was already there." His vote would be to approve the application with the condition that it goes back through the HPC, inspections be done, survey completed, and the process be followed. The only other option is denial which would make the house effectively useless. Mayor Kozlowski remarked this property owner needs to jump through every hoop imaginable and the structure needs to look exactly as the HPC wants it. Councilmember Polehna commented the flat roof looks out of character. It needs to fit the design criteria and should be sent back to HPC and Planning. Ms. Wittman explained when an applicant is interested in demolition, a pre application inspection is done by her and Building Official Cindy Shilts. She recommends that the property owner set a time for staff to inspect the property to help inform him of some of the things that may need to be changed in terms of the variances, design permit, even a potential encroachment license request from the Council for something like a porch or overhangs and roof gutters. Ms. Land added that submission of the application starts the 60 day clock for City action. Ms. Wittman stated the next application submittal deadline is May 28. Due to vacations and workload, she recommends the applicant try for the next application submittal deadline, June 25. Motion by Councilmember Odebrecht to approve HPC Case 2021-10, request by property owner Jason Ous for after -the -fact approval of demolition and reconstruction at 304 Hazel St E, with the following conditions: the case goes back to the HPC for porch, gable, siding design review and anything else the HPC needs to review; the case goes back to the Planning Commission for whatever variances are needed; inspections must be completed, a survey must be done, and the application must be submitted by the June 25 deadline. Councilmember Junker suggested the motion should not use the word "approve." Attorney Land suggested the motion be to remand the case back to the HPC. That way, the Council is not making a decision tonight. The applicant has to submit all the items noted in order for his application to be deemed complete. Application will automatically trigger the Planning Commission review. Page 7 of 13 City Council Meeting May 18, 2021 Councilmember Odebrecht reworded the motion to remand the case to the HPC for design review, for the application to be submitted by June 25 and the necessary inspections and surveys to be completed. Motion was seconded by Councilmember Polehna. All in favor. CPC Case No. 2021-15 to consider a request by Linda Countryman. representing Sustainable Stillwater and Chair of the Green Steps Committee, applicant. Request is for the consideration Qf a Zoning Text Amendment to allow Accessory Dwelling Units within the RA zoning District. Community Development Director Turnblad stated that Linda Countryman, Chair of Sustainable Stillwater's GreenStep Cities Committee, submitted a proposed Zoning Ordinance amendment on the committee's behalf to increase the number of properties eligible for Accessory Dwelling Units (ADUs). This increase would be accomplished by allowing ADUs in the RA, Single Family Residential Zoning District, reducing the lot size required for an ADU in the RB Zoning District, and by relaxing several performance standards. He reviewed the proposed performance standard revisions. This would essentially double the number of properties in Stillwater that could have an ADU, from around 1500 to 2800. Staff and Planning Commission recommend approval of the draft ADU ordinance amendment based on staff edits which are slightly different from Sustainable Stillwater's recommendations. Councilmember Odebrecht inquired if the amendment removes the need for a Conditional Use Permit (CUP) for an ADU in the RB District; and Mr. Turnblad replied that currently, ADUs are allowed by CUP in the RB District. The amendment would shift from CUP to outright permitted as long as it meets the recommended parameters. Roger Tomten, Sustainable Stillwater, stated the GreenSteps Cities team and Sustainable Stillwater took this on as a way to open up additional options for affordable housing. He reviewed the points of the proposal that staff recommended be changed. The goal of allowing ADUs on 5,000 square foot lots was to offer the option to as many people as possible. They understand the concern about having a big enough lot, but the City has other ordinances that control lot size, such as impervious surface. In the RB district, about 62% or two-thirds of the lots would qualify for an ADU if minimum lot size is 7,500 square feet, whereas about 90% would qualify if minimum lot size is 5,000 square feet. In terms of requiring a CUP, in the RB District a duplex is permitted with a large enough lot. They felt it would be helpful to erase more of the constraints by eliminating the need for a CUP. Councilmember Odebrecht asked why not have applicants go before the HPC for design review as part of this process; and Mr. Tomten answered that it was felt that design compatibility of ADUs is something staff could handle rather than burdening the HPC with it. Councilmember Odebrecht stated that going before the HPC provides a public forum so if a resident has an issue with the application, they can be heard. Mayor Kozlowski recalled when the permitting of ADUs first was discussed a few years ago, a lot of people felt they would destroy neighborhoods. He requested Mr. Tomten address the negative consequences. Mr. Tomten noted one of country's leading developers of ADUs found that in a six to seven block area, there might be one or two. The most intense use might be one per block. The impacts are quite small. In some communities, the biggest area of contention is parking, but Page 8 of 13 City Council Meeting May 18, 2021 the chances are a resident would not even own a car if they are living in an 800 square foot ADU. He does not think there would be many ADUs in a neighborhood like Croixwood. Community Development Director Turnblad stated several years ago, the State passed legislation aimed at helping people who were giving care to others, allowing for a mobile unit that would be allowed to be there for a certain time period. The City of Stillwater opted out as it did not want to see temporary structures, so the City developed the ADU ordinance. Mayor Kozlowski opened the public hearing. Jennifer Cates, 1304 North First Street, voiced support for the amendment. Alison Campbell and John Rentschler expressed support for the amendment. They are working with Cates Fine Homes to renovate a home at 1304 North First Street. They would like to be able to have an 8 foot ceiling versus a 6 foot ceiling above the garage. Mayor Kozlowski closed the public hearing. He asked Mr. Tomten, what are the positive impacts of the amendment; and Mr. Tomten answered that it opens up more housing options for people on their property without having to move out or relocate, for instance an elderly homeowner could hire a caregiver to live in the ADU allowing the homeowner to stay in the home. It provides a housing type that is not an apartment building in a traditional, historic neighborhood and allows for affordable housing in a dispersed way, rather than concentrated in a high density development. Mayor Kozlowski stated he is worried about the affordability of Stillwater, that it will turn into someplace where only wealthy people can afford to buy a house. He agreed with Mr Tomten about the value of allowing people to stay in their homes longer. As long as it is orderly and within the rules, property owners should have the right to do what they can as long as it does not impact the enjoyment of a neighbor's property. He would like to ease into the amendment somehow. Community Devleopment Director Turnblad stated the Council could change the ordinance in the RB Zoning District first. Councilmember Junker remarked the amendment has the potential to significantly change neighborhoods. Allowing detached ADUs versus attached is a big difference; it could mean converted basements. He also is concerned about parking and more cars on neighborhood streets. He would not even consider allowing ADUs on lots less than 7,500 square feet. As proposed, the change is too drastic. Councilmember Odebrecht stated his concern is that it feels like a big splash. He was leaning in favor of it, but now feels that opening this up to 90% of the homes in Stillwater is too impactful. He inquired if staff is hearing a lot of demand for ADUs; and Mr. Turnblad replied that in the RB Zoning District where CUPs are currently required, 20 have been issued. The low number could be due to the fact that a 10,000 square foot lot is required and it has to be above a garage. Opening it up to 7,500 square foot lots and allowing it to be actually within the house is opening the door to more applicants. Mayor Kozlowski stated he does not think that many people will apply for ADUs. Alison Campbell stated they only want the ability to have a carriage house. On one side of the street it is allowed and the other side it is not. Page 9of13 City Council Meeting May 18, 2021 Mayor Kozlowski stated he would support a 7,500 square foot minimum lot size in the RB District, if all the other conditions are met, either attached or detached. Councilmember Odebrecht stated he would like the HPC to review the proposal and he also would like to see CUPs required for ADUs in the RB District, to give neighbors an opportunity to be heard in a public forum. Councilmember Polehna predicted there will be fights among neighbors. He is opposed to allowing ADUs in the RA District. He believes in property owner rights, but this is opening a can of worms. He feels the HPC should review this proposal. Community Development Director Turnblad noted the HPC has not reviewed the amendment. If the issue is adding a mother-in-law apartment inside an existing building, the HPC is not reviewing that anyway. Councilmember Collins commented it is a huge investment to construct an ADU. Mayor Kozlowski commented there is no chance the City would get 200 ADU applications over the next decade. He would stick to the RB District, take the staff recommendation on 7,500 square feet, require three parking spaces per the staff recommendation, and require the application to go to the HPC for review. He would not support requiring a CUP. He asked how much work the CUP requirement means for staff; and Mr. Turnblad answered that it adds six weeks of review - not a tremendous burden. Mayor Kozlowski then suggested leaving the CUP requirement in for now, because it can always be removed. City Planner Wittman explained in the neighborhood conservation district (old Stillwater) a design permit from the HPC is required, and it is done in a public hearing process. So if the Council wishes the HPC to review these applications, then also requiring a CUP puts them through two hearing processes, which is more public oversight than they currently have. Having the HPC review those ADU applications that are in the neighborhood conservation overlay district is appropriate because there are RB-zoned lands that are not in historic areas. She recommended having that public process at the HPC level, but maybe not requiring the CUP, so there is not a dual hearing process. Mayor Kozlowski stated he would be OK with that. Motion by Mayor Kozlowski, seconded by Councilmember Collins, to adopt an Ordinance amending Stillwater City Code Chapter 31-101 regarding zoning definitions, Chapter 31-315 allowable uses in residential districts, and Chapter 31-501 regarding accessory dwelling units, including allowing ADUs in the RB District (only), to follow the staff recommendation to require three parking spaces, and to only allow ADUs on lots that are 7,500 square feet and over, and to require that those ADU applications in the neighborhood conservation district must be reviewed by the HPC. Motion failed 2-3 with Councilmembers Junker, Odebrecht and Polehna voting nay. Councilmembers Polehna and Odebrecht expressed a willingness to revisit the issue if considered for fewer areas of the City. Page 10 of 13 City Council Meeting May 18, 2021 UNFINISHED BUSINESS COVID 19 Protocol Update City Administrator McCarty stated that the Governor's Executive Order #21-21 on May 6, 2021, provided thresholds for increasing capacities for business operations and modifying other COVID-19 protocols in steps resulting in nearly normal operational protocols by July 1, 2021. On May 14, 2021, Governor Walz issued further guidance consistent with just issued CDC guidelines to remove the mask mandate for those with COVID-19 vaccinations effective on Friday, May 14, 2021. The City's Workplace of Tomorrow team advises moving forward on June 1 to: 1) open City facilities; 2) conduct Council, Board & Commission meetings with public present while concurrently operating a hybrid Zoom option; 3) return staff to in -person operations; and, 4) modifications to the City's COVID-19 preparedness plan as necessary. Council consensus was in favor of opening up June 1 following the recommendations. 4th ❑f icily City Celebration City Administrator McCarty informed the Council that although the Governor has lifted restrictions for outdoor gatherings for 2021, the impact of the cancellation of 2020 4th of July events has impacted the supply chain for fireworks and fireworks shells will not be available in time for the City's 4th of July Celebration. Fireworks will be available later this summer. With no fireworks show available for the 4th of July, the City Council needs to discuss and consider other options, including: 1) continue the 4th of July Celebration with music venues, Civil War cannon battery and perhaps other added activities and options; 2) consider a scaled down 4th of July Celebration, possibly cancellation; 3) utilize the fireworks availability (and available budgeted funds) later this summer and integrate a fireworks show with the Bridge Opening Celebration. Councilmember Polehna reviewed several ideas to bring people downtown for the 4th of July to support the businesses. Council consensus was to support having music on the plaza and other activities spread out over the July 4th weekend. Motion by Mayor Kozlowski, seconded by Councilmember Collins, to approve the fireworks for the Lift and Loop Celebration on August 14. All in favor. American Rescue Plan Funds Update City Administrator McCarty informed the Council that the federal American Rescue Plan was signed into law in March of 2021, providing over $4.9 billion in federal funding to the State of Minnesota. The City of Stillwater's allocation is estimated to be over $2.235 million. The State of MN has recently received one half of its allocation (2nd half one year from now) and must disburse county and city allocations within 60 days (by mid -July 2021). The City will have until December 31, 2024 to expend its allocation. City staff will continue to monitor the Treasury guidance issued regarding allowable uses of the American Rescue Plan funding and will provide analysis and recommendations to the City Council at future Council meetings for allowable uses and potential priorities. Page 11 of 13 City Council Meeting May 18, 2021 Finance Director Provos added that cities are encouraged to take their time to identify uses for the funding because of the broad timeline allowed for disbursement. Mayor Kozlowski requested to be notified as soon as it is appropriate to start reaching out to the nonprofit community to determine how the City can help with their needs. NEW BUSINESS Resolution 2021-072. Approving the Appointment of Tim Gladhill as the new Community Development Director City Administrator McCarty noted the retirement of Bill Turnblad from the Community Development Director position effective May 28, 2021, after fifteen years with the City of Stillwater. The City conducted a recruitment process and Mr. Tim Gladhill was selected as the top candidate for the position. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-072, Approving the Appointment of Tim Gladhill as Community Development Director for the City of Stillwater Effective June 28, 2021. All in favor. Waste Management Contract Amendjnent for Renewal of Services 2021-2026 City Clerk Wolf stated that staff has been working with Waste Management since last fall on contract language and rates for residential and multi -family complexes. She reviewed the proposed changes for July 1, 2021 - June 30, 2026 to amend the Waste Management Contract. Staff recommends the Council approve the amended contract. Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt Resolution 2021-073, Approving Amending Agreement with Waste Management of Minnesota, Inc. Effective July 1, 2021- June 30, 2026 and Establishing Monthly Rate Schedules for the Collection of Solid Waste and Recycling. All in favor. COUNCIL REQUEST ITEMS Mayor Kozlowski noted that former Mayor/Police Chief Wally Abrahamson passed away May 17, and that Len Nelson of Len's Family Foods passed away on May 5. He requested that Mayor Abrahamson and Mr. Nelson be recognized at the next meeting. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. The meeting was adjourned at 10:44 p.m. • Ted Kozlowski, Mayor ATT ST: Beth Wolf, City Cl Page 12 of 13 City Council Meeting May 18, 2021 Resolution 2021-069, Certificate of Retirement for Bill Turnblad, Community Development Director Resolution 2021-070, A Resolution Authorizing the City of Stillwater to Adopt a Reassessment of Certain Properties for the 2019 Street Improvement Project Resolution 2021-071, Resolution Approving Amendment to Liquor License for Additional Temporary Outdoor License Premises [Nacho Mama's] Resolution 2021-072, Approving the Appointment of Tim Gladhill as Community Development Director Resolution 2021-073, Approving Amending Agreement with Waste Management of Minnesota, Inc. Effective July 1, 2021 - June 30, 2026 and Establishing Monthly Rate Schedules for the Collection of Solid Waste and Recycling Ordinance 1166, An Ordinance Amending Section 31-300 Establishment of Districts by Rescinding Ordinance 1158 and Rezoning Approximately Nine Acres to RA One - Family Residential Ordinance 1167, An Ordinance Enacting Chapter 52, Sec. 52-19 Regarding Predatory Offenders of the City Code of the City of Stillwater Page 13 of 13