City Council

Owatonna City Council Minutes Administration Building Tuesday, July 21, 2015 7:00 o’clock p.m. The Owatonna City Council met in regular session on Tuesday, July 21, 2015 at 7:00 p.m. in the Council Chambers of the City Administration Building. Council Chairman Abraham called the meeting to order. Present were: Council Members Abraham, Raney, Schultz, Okerberg, and Burbank; Mayor Kuntz; City Attorney Walbran; Community Development Director Klecker; City Administrator Busse and Assistant City Clerk Clawson. Council Members Svenby and Dotson were not present. Council Chairman Abraham welcomed everyone to the meeting. Council Member Burbank led everyone in the Pledge of Allegiance. Staff advised three items have been added to the Agenda: the Mayor’s Proclamation for Night to Unite on August 4, 2015; Taxi Cab Permit for Abdulcadir Warsame dba USA Transportation, LLC and Resolution 58-15, Consent for Interstate Power and Light Company to assign a current franchise to southern Minnesota Electric Cooperative. Council Member Schultz made motion to approve the agenda with these three items added, Council Member Okerberg seconded the motion; all members present voted aye for approval. Mayor Kuntz made proclamation for Sunday, July 26th to be Domestic Violence and Abuse Awareness Day in the City. Pastor Kirk Griebel of the Redeemer Lutheran Church spoke about the Clothesline Project which will displayed in Central Park on Sunday, July 26th. The event begins with 80 shirts hung on a clothesline, each shirt represents a person who has been killed in the State of Minnesota during the last three years because of domestic abuse. Additional shirts can be decorated and added to the clothesline to represent others who also lost their lives because of domestic abuse. The purpose of this event is to provide a safe and powerful way to break the silence on domestic violence. The Crisis Resource Center of Owatonna and MN Coalition of Battered Women are additional sponsors of this event. Mayor Kuntz then made proclamation for Tuesday, August 4th to be “Night to Unite” in Owatonna. The event will increase public safety for all citizens in the joint campaign to prevent crime, drug and violence. Many neighborhood parties will be held and the Police and Fire Departments are planning a short presentation in Central Park to share how citizens can help prevent crime in the community. Mayor Kuntz made three recommendations for Board and Commissioner appointments: John Simon to the Shade Tree Commission to fill a vacancy Corey Mensink to the EDA to fulfill the unexpired term of Allan Bangstad Breanne Lesnau to fill the unexpired term of Tracey Duchene Council Member Burbank made a motion to approve these recommendations, Council Member Raney seconded the motion; all members present voted aye for approval. Michael Beckman who was appointed to the Fire Civil Service Board during the May 5th Council Meeting joined these three for Mayor Kuntz to administer the Oath of Office. Council Member Schultz recapped the expenses for the period totaling $625,372.01. Council Member Raney made a motion to approve payment of these bills; Council Member Okerberg seconded the motion; all members present voted aye for approval. Chairman Abraham advised council members review the Consent Agenda Items prior to the meeting to approve in one motion. Consent Agenda Items for approval include: Council Minutes July 7, 2015 Page 2 of 4 Minutes - City Council Meeting Minutes, July 7, 2015. Term Liquor License – KC Hall at the SCFF Foundation Building for a wedding on September 12, 2015. Minutes – Planning Commission Meeting – July 14, 2015. Minutes – Human Rights Commission Meeting – June 9, 2015. Fire Department Monthly Report – June 2015. Lease Renewal: SEMAC – Room 11 in Merrill Building, a one year lease effective August 1st. Site Rental/Maintenance Amendment – Airport VOR Navigation Aid. Change Order #2 – 2015 Mineral Springs Parkway Project. Council Member Schultz made a motion to approve these Consent Agenda Items. Council Member Burbank seconded the motion; all members present voted aye for approval. City Administrator Busse presented an application for a Taxi Cab Permit received from Abdulcadir Warsame doing business as USA Transportation, LLC. Mr. Warsame was present and explained this will be his new part-time venture as he plans to continue working at the school this fall. Council Member Raney made a motion to approve this Taxi Cab Permit, Council Member Schultz seconded the motion; all members present voted aye for approval. Community Development Director Klecker presented an agreement with Viracon, Inc. for approval. Viracon has requested permission to construct a building within the Utility Easement at 300 Park Drive to enclose their courtyard. The City has a 50’ platted utility easement that currently runs under their building and this addition will also be constructed over the easement. Due to concerns with drainage in this area and downstream, Viracon was required to complete a hydraulic drainage study to show the proposed addition and modifications to the drainage way would not raise the flood levels downstream. The study shows the levels have remained even or slightly lower downstream due to the additions of ponds and other revisions to the drainage way within the last two years. During construction of the proposed construction project and after its completion, Viracon will continue to maintain the Sewer Line and any storm water drainage systems, including any new maintenance required by construction of the project over the extended storm waterway. Council Member Schultz made a motion to approve this agreement with Viracon, Inc., Council Member Burbank seconded the motion; all members present voted aye for approval. Community Development Director Klecker presented a request received from Pastor Doug Jones of Elevation North Church requesting changes to the original conditions that were placed on the Conditional Use Permit for the church to operate at 2002 Austin Road. The original CUP approved by City Council on August 19, 2014 included six conditions, he is asking these two conditions be amended: 1) A $5,000 escrow shall be submitted to the city at the time of the Certificate of Occupancy to ensure that the exterior parking is completed as code requires. 2) The applicant shall provide 47 hard surfaced parking stalls by August 30, 2015. This shall also include all access aisles of these stalls. The applicant has requested the $5,000 escrow be deferred an additional two years which implies the second condition will also need to be extended by at least two years. On commercial projects, the City requires an escrow to be submitted prior to issuance of a Certificate of Occupancy. The building is currently being illegally occupied and used; the City’s Building Official can issue a temporary Certificate of Occupancy upon compliance of the escrow requirement. The Planning Commission held a public meeting and recommending approval of the amendment to the conditional use permit with the following conditions: 1) A financial guarantee in the amount of $5,000 shall be submitted to the City prior to a temporary Certificate of Occupancy being issued. This shall be in a format acceptable solely by the City and able to be drawn upon solely by the City by October 15, 2015. 2) All parking and required drive aisles shall be paved prior to August 30, 2017. 3) All building code issues shall be completed prior to December 31, 2015. This will allow Council Minutes July 21, 2015 Page 3 of 4 a full Certificate of Occupancy to be issued at that time. 4) All conditions except those amended above shall remain and required to be met as previously presented. 5) All conditions and timelines shall be met. If there is a failure to meet a condition or timeline the City Attorney will commence legal action to have the property vacated in accordance with the City of Owatonna Code of Ordinances. Pastor Doug Jones explained the building renovation costs were double the original estimate and finances are limited. Obtaining a bank loan for a building they do not own has been difficult for the newly formed church. In April, the congregation began meeting in the building unaware they could not do this prior to receiving a Certificate of Occupancy. Council Member Schultz made a motion to approve Conditional Use Permit No. C-1376 with the last four conditions recommended by the Planning Commission; changing the first condition by extending the deadline date for the $5,000 escrow to December 31, 2015 and an additional condition be added that a Temporary Certificate of Occupancy be approved by the City Building Official prior to use of the building. Council Member Raney seconded this motion; all members present voted aye for approval. Community Development Director Klecker presented request for approval of Conditional Use No. C-1377 by Rufina Garcia, a request for a food vending vehicle to be located on private property in the B-3, Central Business District at 204 Oak Avenue North. Parking is the largest concern at this site, the property is required to have 10 off street parking stalls with at least one being handicap accessible. Currently, there are 6-7 off street parking stalls and the trailer will use one or two of these spaces. The Planning Commission held a public meeting regarding this request and are recommending approval with these conditions: 1) A minimum of 5 new off street parking stalls shall be provided on the western edge of the property. These stalls shall be constructed to City Standards, including curbing and pavement prior to the opening of the trailer. 2) The parking area on the property to the north shall not be used with this property without a formal easement from the property owner. 3) The applicant shall receive sign permits for the sign on the trailer. 4) All Department of Health rules shall apply at all times. 5) The applicant shall not operate for more than 21 days consecutively (MN Dept. of Health requirement). Rufina Garcia was present and said the property owner has agreed to establish a new parking area on the western edge of the property with the balance of the required parking spaces. Council Members Okerberg and Burbank expressed concern about the trailer located so close to the roadway. Council Member Burbank made a motion to approve the Conditional Use Permit on condition the trailer be positioned east/west plus the five conditions recommended by the Planning Commission, Council Member Okerberg seconded the motion and all members present voted aye for approval. Community Development Director Klecker advised staff would be working with the applicant to confirm the required number of parking spots are available prior to their opening. City Attorney Walbran presented the first reading of Proposed Ordinance 9-15, for a correction in Section 132.01(C)(1), Offenses Concerning Minors for an error made during the recent codification process. The curfew time for minors under the age of 16 years is currently shown as 10:30 p.m. – 5:00 a.m.; however, per the previous City Code 1992 edition, the time listed is 10:00 p.m. – 5:00 a.m. Council Member Schultz made a motion to approve the first reading of this proposed ordinance correcting the time to 10:00 p.m. – 5:00 a.m., Council Member Okerberg seconded the motion. With Council Minutes July 7, 2015 Page 4 of 4 a roll call vote, all members present voted aye. The second reading of Proposed Ordinance 9-15 will be heard during the next Council Meeting on August 3rd. City Administrator Busse presented a request for consent to transfer the current franchise held by Interstate Power and Light Company (IPL) to Southern Minnesota Electric Cooperative (SEC). A 20 year franchise agreement was approved on April 2, 2002 by Ordinance No. 1277 to IPL to operate an electric public utility and maintain an electric distribution system in the City of Owatonna. IPL has entered into an Asset Purchase and Sale Agreement with SMEC for the sale of their Minnesota electric distribution assets to SMEC. The sale has been approved by the appropriate state regulators in Iowa and Minnesota. IPL intends to enter into an assignment agreement that will assign all of their rights and obligations under the Franchise to SMEC in connection with the proposed asset sale. Article 5 of the Franchise permits IPL to assign the Franchise to an assignee with the written consent of the City of Owatonna. Council Member Schultz made a motion to authorize consent to this request to transfer the current franchise, Council Member Burbank seconded the motion; all members present voted aye for approval. During Public Comments, Lavona Seim Sherarts, 855 22nd St SE said she is a retired mental health worker and has programs to share on Self Esteem, Assertiveness Training and Coping with Anger and Fear. Jon E Gibson, 307 1/2 N Cedar Ave said he has not heard from staff members regarding weed control and believes the Park and Rec Department is overextended, underfunded or unconcerned and suggested a solution may to cut back on the number of city owned parks; he suggested Crocus Park be sold as residential property as Willow Park and the West Hills Complex are both within a block of this small park. Roger Wasec, 646 E Vine Street plans to meet with City staff regarding two nuisance complaints of chemical applications: 1) flags saying “Keep Children and Pets Off” were found on the lawn among the Farmer’s Market vendors in Central Park and 2) similar flags were found on the grass near the community garden by the Owatonna Public Library. During Council Comments, Council Member Schultz encouraged everyone to participate in the Night to Unite activities planned within their neighborhoods. Mayor Kuntz reminded everyone the three days of Crazy Days begins tomorrow and an Open House will be held at the Technical Academy from 6-8 p.m. for parent and families of prospective future students at the Pillsbury Campus. City Administrator reminded the next date of the next council meeting has been changed to Monday, August 3rd. At 8:02 p.m., Council Member Raney made a motion to adjourn the meeting; Council Member Schultz seconded the motion, all members present voted aye and the meeting was adjourned. Dated: July 29, 2015 Respectfully submitted, Jeanette Clawson, Assistant City Clerk