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ITEM 3.2C 7.13.2015 MinutesITEM 3-2C OTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER JULY 13, 2015 7:00 PM Call to Order. Mayor Jessica Stockamp called the meeting to order at 7:00 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Jason Warehime, Doug Schroeder and Tom Darkenwald. Staff: Lori Johnson, City Administrator; Daniel Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney; and Tami Loff, City Clerk. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum. Senator Mary Kiffineyer; gave an update on the last legislative session and said there is an additional $ 555,000,000 in additional revenue coming in; she welcomed comments from the City Council on what do with that money. Representative Eric Lucero gave a legislative update. There was also discussion on LGA. 2. Consider agenda approval. City Administrator Johnson requested to add Item 8.1 Setting a meeting to review the TIF application for Otsego Apartments LLC. CM Heidner adopted as amended. Seconded by CM Schroeder. All in favor. Motion carried. 3. Consent Agenda. (Non -controversial items). 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. June 22, 2015 Meeting. 3.3 Dental Insurance Renewal. 3.4 Accept Resignation of Dana VanDenBerg from the Public Safety Commission. 3.5 Received Commission Meeting Minutes. A. Planning Commission June 15, 2015. CM Heidner motioned to approve as written. Seconded by CM Schroeder. All in favor. Motion carried. 4. Public Hearing: 4.1 Tessa Kennedv-Partial Vacation of an existing drainage and utilitv easement within the lot. A. City Clerk attests to legal notice. B. Comments by City Engineer. C. Open the Public Hearing. D. Close the Public Hearing. E. Approve Resolution 2015-35. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. City Engineer Wagner presented the staff report. Mayor Stockamp opened the Public Hearing at 7:30 PM. Hearing no public comments Mayor Stockamp closed the Public Hearing at 7:31 PM. CM Heidner motioned to adopt Resolution 2015-35 vacating a portion of the drainage and utility easement within Lot 11, Block 2, Martin Farms. Seconded by CM Darkenwald. All in favor. Motion carried. 5. Community Development: 5.1 Tire Plus: A Amendment of the PUD District and Great River Centre of Otseqo site design guidelines regulating freestanding signs. City Planner Licht presented the staff report. CM Heidner said the Planning Commission discussed the possibly of requesting a stone base to be consistent with the Great River Centre plan but they didn't include that in their recommended conditions; he questioned if it should be a condition. CM Warehime asked if the sign is going to replace the existing sign. City Planner Licht said yes. He questioned if the existing base could be reused. Mayor Stockamp said it was discussed at the Planning Commission that the applicant was designing off the Bank of Elk River signage and she noted that sign was in before this development. She said she agrees with the larger sign but would prefer to see the sign dressed up a little. CM Heidner agreed. Applicant, Steve Scherer, Owner, Tire Plus, said they do have plans for landscaping around the sign. He said as far as the stone base they probably could do but he hasn't had that bid. City Planner Licht recommended the addition of the following condition: 4. The freestanding sign shall have a four (4) foot tall stone base consistent with the monument signs specified in the Great River Centre Site Design Guidelines with landscaping surrounding the base of the sign, subject to review and approval of City staff. CM Heidner motioned to approve an amendment of the Great River Centre PUD District for Lot 1, Block 1 Great River Centre 2"d Addition as outlined in the Findings of Fact and Decision dated July 7, 2015 with the addition of condition 4 noted above. Seconded by CM Schroeder. All in favor. Motion carried. 5.2 Boondox Bar and Grille: A Amendment of the Planned Unit Development -Conditional Use Permit approved October 24, 2011 to allow restaurant/bar occupancy of the former clubhouse building for other than an office and the 2002 expansion area and other site/building plan changes. City Planner Licht presented the staff report. He noted new information he received on the outside lights not being turned off until 10:08 PM and additional information from a Planning Commission member who said the light was still on at 11:15 PM. With this additional information and due to complaints already received City staff is recommending the following condition nine as follows: 9. Due to the proximity of residential properties and prior operation of the facility, applicant shall comply with all conditions of approval and specifically strictly adhere to conditions 1 and 5. Applicant is hereby notified that verified violations shall be cause for the City to immediately initiate revocation proceedings of the PUD-CUP to terminate allowance of the outdoor recreation use and related exterior lighting. CM Heidner said condition number nine doesn't tie in to condition number 8. City Planner Licht said it is complimentary. Applicant, Dion Grover, Boondox Bar and Grille, asked if exactly at 10 PM the lights have to be off; even if I am inside dealing with a customer. City Planner Licht said yes 10 PM is the condition of the CUP; how that happens is the responsibility of the establishment. CM Heidner said the other building has already been used. City Planner Licht said yes and that the condition of the existing CUP was it only could be used for office space. Mayor Stockamp asked if the seventeen additional parking stalls will give them enough for addition of the northwest building. City Planner Licht said the City has not included the outdoor seating space as with other similar uses. He said the use of the northwest building has to be off set from the outdoor recreation use. He further stated that the outdoor bar actually decreases the outdoor seating. CM Darkenwald asked how many complaints have been received. City Planner Licht said the city has received a number of complaints and that the Planning Commission also received written complaints during the public hearing that were provided in your packet. CM Heidner said the Sheriff report shows twenty-nine noise complaints in two years. Mayor Stockamp said she has received complaints and that usually they are only during the summer months. City Planner Licht said it's not just noise due to volleyball it's also music complaints. CM Warehime asked if there are speakers outside playing music. City Planner Licht said yes and one of the conditions of the CUP is no outside music. He explained the proposed condition of an 8 foot fence to help block the noise. Mayor Stockamp asked if the proposed fence could be outside the trees. Mr. Grover said there is not enough room. CM Heidner said basically there are three conditions currently within their CUP that they are not following; speaker's outdoors, use of the northwest building and the outdoor lights not being turned off by 10 PM. City Planner Licht said correct. CM Heidner moved to approve a PUD-CUP for Boondox Bar and Grill subject to the nine conditions as modified tonight. Motion failed due to no second. CM Darkenwald said it's up to the property owner to make sure they are in compliance but sometimes you have neighbors that just complain. He questioned how the City will verify the complaints. He also questioned if this could cause a hardship for Boondox. City Planner Licht said that complaints will have to be documented and verified that they are complying by City staff. Applicant, Dawn Grover, Boondox Bar and Grille, said her only concern is that some of the noise comes from the other places with music it's not always just them. She said she does feel the addition of the fence will help alleviate. CM Warehime said it's not just the noise complaints that concern him it's the rules that are not being followed. He stated he likes to see businesses grow and succeed but the rules need to be followed. CM Darkenwald motioned to approve an amended PUD-CUP for Boondox Bar and Grille subject to the conditions outlined in the Findings of Fact and Decision dated July 7, 2015 with addition of Condition 9 as noted above. Seconded by CM Heidner. Motion carried 4-1. CM Warehime opposed. 6. Public Works: 6.1 Consider Approval of Resolution 2015-36 Awarding Contract for Packard Avenue Improvement Project. City Engineer Wagner presented the staff report. CM Darkenwald said he will be abstaining; his uncle lives on this road. CM Heidner said we held a public hearing with the residents to discuss the proposed project; do we need to re -notify the residents. City Attorney MacArthur said no it's not required until the assessment hearing. Mayor Stockamp asked about the use of this road as a detour from 70t" Street. City Engineer Wagner said for safety he would recommend implementing a lead traffic car process that would have to wait and be lead to one side. He felt it might persuade some users not to use this as a detour. Mayor Stockamp said she would like to see that. The City Council concurred. City Engineer Wagner said the project would be completed prior to Labor Day and estimated the project about two weeks. CM Heidner asked how long before the striping would be completed. City Engineer Wagner said fairly quickly; he said that temporary striping could be done. CM Heidner said he thinks we should do that. Mayor said at the Public Hearing a resident stated the apron of his driveway was misplaced. City Engineer Wagner said after evaluation he met with the property owner and explained that it would be at the property owner's expense to replace. CM Schroeder motioned to approve Resolution 2015-36 Accepting Bids for the Improvement of Packard Avenue from 6Ot" Street to 7Ot" Street and Awarding the project to Hardrives, Inc. of Rogers MN in the amount of $133,954.40. Seconded by CM Heidner. Motion carried 4-0. CM Darkenwald abstained. 6.2 Mississippi Shores Street Light Survey Results. City Engineer Wagner presented the staff report. He provided an updated map with additional survey response results. CM Heidner said on Park Avenue there looks like there are three private lights. He asked if the ER Utility is going to replace them and does the property owner have to pay to replace. City Engineer Wagner said it sounded like those would be replaced with LED lights and the property owner would pay the same rate as the city. CM Heidner said when he drove the street it seemed to offer enough light. He questioned if the city should replace private lights and, if so, if the city should take over the billing on those lights. CM Heidner asked if there is a special discount if we do it right now. City Engineer Wagner said when he spoke with ER Utilities it sounded like even if they move onto phase three it would stay at $1500 if located by a transformer. CM Heidner said he is not sure he can make a decision tonight he feels additional information is needed. CM Warehime said he would like to have discussion on the private lights and would like to see them taken over by the city. The City Council concurred additional information is needed; they directed City staff to draft a policy and to bring back for discussion at a worksession. They agreed to upgrade the private lights if wanted. Mayor Stockamp asked City Engineer Wagner to look into light at entrance of Parkington Circle. City Engineer Wagner agreed. 7. City Council Reports and Updates. CM Warehime said the Public Safety Commission will meet tomorrow but due to the Chairs resignation, the commission is asking to postpone Sheriff Hagerty attending that meeting until they have time to review and discuss what information they would like from him. City Administrator Johnson said she will notify Sheriff Hagerty and will still have Brian Johnson attend to review the neighborhood watch program. Administrator Johnson stated she intended E to have Sheriff Hagerty attend the public safety budget meeting. The City Council agreed. That meeting is scheduled for August 24. CM Warehime said he also would ask for the City Clerk to attend the Public Safety Commission meeting tomorrow night until elections have been completed. The City Council agreed for tomorrow's meeting. City Clerk Loff said she could attend. He said he would like to discuss a staff person to take the minutes or training be provided to the commissioner taking notes. Mayor Stockamp said she feels it should be a commissioner as the Heritage Preservation Commission does. She also reminded the notes are different for the Public Safety Commission as due to the nature of the commission names must be left out. CM Heidner asked on status of Council time sheets. City Administrator Johnson said that the City Attorney and she will provide options at the August 10 meeting. She stated for the City Council to continue reporting as you have until then. Mayor Stockamp questioned the email update on the Otsego Fire Substation asking if a joint meeting is needed. City Administrator Johnson said it was very general discussion and no information is available at this time making it premature for a joint meeting. CM Heidner said the City staff of the two cities will pull information and then bring back to each City Council. City Administrator Johnson stated the Advisory Committee directed the two City Administrators to conduct some research and report back to the Advisory Committee in September.CM Warehime agreed saying more information is needed before a joint meeting. 8. Staff Reports and Updates. 8.1 Setting a meeting to review the TIF application Otsego Apartments LLC. City Administrator Johnson suggested adding this to the agenda of the July 27 special meeting that has already been set directly following the regular meeting. She said the budget item could be delayed until the August 10 meeting. CM Darkenwald said he will abstain. Mayor Stockamp motioned to add review TIF application for Otsego Apartments LLC to the July 27 special meeting directly following the regular meeting. Seconded by Heidner. Motion carried 4-0. CM Darkenwald abstained. Wright County Commissioner Mark Daleiden; Otsego Levee Land: Wright County Commissioner Daleiden said there is property along the levee that has gone into tax forfeit. He said the County has agreed to purchase that property for access. He is asking the city to enter into an agreement to maintain the property. City Administrator Johnson suggested native planting if allowed by the Army Corps of Engineers. Mr. Daleiden said the trees will eventually need to be removed to appease the Army Corps of Engineers. City Engineer Wagner said the drive on top of the levee will need to be maintained for access. City staff will review and bring back for discussion. Mr. Daleiden said the other item that he wanted to update is the County will be meeting tomorrow to review the traffic counts on County Road 39. City Engineer Wagner said he just received traffic counts from Wright County Engineering today and after a preliminary look it states between Page Avenue and Odean Avenue traffic of 14,000 cars a day. City Administrator Johnson noted that the count was taken on a light traffic week following a holiday weekend and recommended that the County take that into account when reviewing the traffic count data. Other: City Administrator Johnson distributed a draft for the deed ad. She asked for comments from the City Council in the next couple of days. The City Council suggested adding "Hwy 169" and "commuter rail access." 9. Adjourn. CM Darkenwaid motioned to adjourn. Seconded by CM Warehime. All in favor. Motion carried. Adjourned at 9:20 PM. ATTEST: Tami Loff, City Clerk Mayor Jessica Stockamp