 Older person Decker. Yeah older person Akley. Yeah. All right. She's here remotely older person Barbara Feldy Yeah, all the person Donahue. Yeah. All right. Everybody is here For those in attendance, please stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America And to the Republic for which it stands One nation under God indivisible with liberty and justice for all All right moving along here. We'll prove the minutes from our July 29th meeting Is there such motion to approve the minutes from our previous meeting? There's been a motion to approve. Is there a second? There's been a second by Dean Decker any further discussion on the minutes from our previous meeting Seeing none all those in favor of approving the minutes from our previous meeting. Please stay die. I And you want to and you want to pose to cheer votes I the minutes are approved from our previous meeting Okay, moving along to items for a discussion in action Three point one resolution number 68 to twenty twenty one a resolution authorizing application for Edward Brian Memorial Justice Association Grant Program for the fiscal year for 2020 local solicitation entering into memorandum understanding with this Sheboyne County Chief this for you So the burn Jag Grant is the primary means of funding criminal justice Through the federal government, so it's a grant that we're eligible for every year Because we're in what they call the disparate area, which means that the counties doesn't have enough crime that that they Cover in order to get their own grant and because they run the courts and the detention center in order for us to receive the money we have to work out an agreement with them to share the money with them, so it's Process that's gone on here for about 20 years the same agreement They become the fiscal agent and file the grant and we split the grant with them. So this year It's a little over $14,000 that will be splitting with them. So this is a Resolution for you to approve the memorandum of understanding with how we do that Any questions for the chief Other motions. All right, there's been a motion in a second any further discussion Seeing none all those in favor of approving please state. Hi Chair votes I that's approved. Thanks chief 3.2 resolution number 33 2021 submitting various license applications for the period ending December 31st, 2020 April 14th, 2021 June 30th, 2022 for a beverage operating license application number 3244 and application number 8232 city attorney. So the first one is regarding coca milo pota wheels is mr. Milo pota wheels here He is not This matter is on for a denial hearing. It is a new license So he doesn't get the formal hearing like we had last time. He did not respond to our request to To respond to our recommendation to deny So our recommendation is going to be to deny the license in his particular case the concern is that he is Ineligible for the license because of a Conviction for possession with intent to deliver There are also some other criminal charges related to the licensed activity that are of concern, but primarily the The particular conviction that just makes her statutory and eligible or him him or her. I don't know for sure Okay Any further discussion on that one There's been a motion in second any further discussion Seeing none all those in favor, please state. Aye Aye Anyone opposed chair votes aye And then miss Johnson. We're just asking that this matter be held She's got some legal issues to clear up and it now looks like if she does it won't be at least till the end of October So that would be a motion to hold move till the end of October to hold Second There's been a motion in second any further discussion Seeing none all those in favor, please state. Aye. I I Anyone opposed chair votes aye That's approved. It's moving along 3.3 Resolution number 39 2021 spending verse license applications for the period ending December 31st, 2020 June 30th, 2021 June 30th, 2022 for beverage operating license new application number 3270 and a taxi cab license application number 32 83 and 3263 So there are three Applicants and we're recommending that all three of them be granted however We're recommending that mr. Gilbert sin Dylan Gilbert sins new beverage operator license be granted with a warning That's because of some behavior like related to the licensed activity That the committee found concerning but not rising to the level of denial And miss shaves License we're recommending granting, but it probably won't be issued until she takes care of some necessary issues But it would be to grant all three mr. Gilbert sins with a warning Okay, is there motion to grant Motion to grant with the warning for the one There's been a motion my dean is there a second second second by Mary Lynn any further discussion Seeing none all those in favor, please state. Aye Aye Anyone opposed? Chair votes aye. That's approved. All right 3.4 our own number 47 2021 spending versus license applications for the period ending April 14th, 2021 June 30th, 2021 and June 30th, 2022 So we are Recommending a number of actions on these first. We'll go to go through them one by one. It's just simpler that way We are recommending granting the change of premises application and the sidewalk cafe license application of see of shabuigan scenic bar contingent on their amending their plan to ensure five-foot 88 aisle they they kind of have it on there, but there was the way they've kind of drawn it left something some things to the imagination and then again and also amending their premises description it appears they did it right, but they they just need to write it a little more exact So that would be a grant with those contingencies Is there motion to grant motion to grant contingencies? Second motion by Dean second by Mary Lynn any further discussion? Seeing none all those in favor, please state. Aye. Aye Anyone opposed chair votes aye We're also recommending the grant of change of premises application to superior bar and grill Their contingency is they need to clarify their premise description again It's written in such a way that we think their intent is is contiguous, but they should write it in a way that's that's clearly contiguous and so Given that we just we recommend granting with the contingency that they make that clarification certification motion to grant with contingency Second, there's been a motion second any further discussion Seeing none all those in favor of granting that license, please state. Aye. Aye. Aye Anyone opposed chair votes aye then we've got HCM hospitality for bar 43 at the Harbor Center Marina We're recommending holding that one the application did not have all of the necessary information And so I wasn't able to do a full background check What information were they missing they didn't fully complete there they have to do a Sheet for each member of the corporation when they're a new when they're new members that includes basic information like Birthdate and okay those kinds of things so that we can find out who they are and in this case also the Form appeared we couldn't tell but it appeared to be incomplete that there were names missing Okay motion to hold second There's been a motion second to hold We don't anticipate any trouble with them. No, I think it's just a matter of getting it done All those in favor of holding that please state aye. Aye. Aye Anyone opposed chair votes aye that one is held And then we're also recommending holding the Class B liquor license application of Seoul and Nova LLC They also need to just correct some issues on their application. They didn't complete a data sheet and they I think what they had is both people sort of filled out their own Forms and so that there's some clarification needed as to who will be the agent And given that they're not you know They had already told you that they're not planning on opening for a number of months But we required them to put in the application right away so that it wouldn't just be hanging out there Without us knowing whether they were really going to follow through it actually works to their benefit because one of the issues will go away and By the time they come back next week next next meeting, so Sounds good any discussion on that one or motions motion to hold second There's been a motion second any further discussion Seeing none all those in favor I I And you want opposed? Chair votes aye that's held and then it would be to approve the remainder of the applications on that RO So move second All right, there's been a motion and second to approve the remaining license any further discussion Seeing none all those in favor I Anyone opposed? Chair votes aye all right been along 3.5 our own number 40 age 2021 a direct referral submitting sidewalk cafe and change of premise applications for the period ending April 14th 2021 and I believe we have several folks here that want to Speak on this one City Attorney, do you have any comments first or sure public speak? I think we can We'll provide our recommendations and then people can speak okay So staff met on this one and our recommendation is to deny We're recommending denying the sidewalk cafe and the change of premises application In essence because as they've described the premises It is not contiguous and you can't have a non-continuous contiguous change of premises You can't have the building and then you know 40 feet away or whatever it is the sidewalk they could amend their Change of premises application But to do so would add a sufficient amount of space that would now we're now we're dealing with conditional use permit issues Staff has recommended that such a permit be issued in the past twice in the past Plan Commission has twice denied that request due to neighbor concerns Staffs encouraged the applicant to work through a listening process with the neighbors and hopes that that might Either encourage the neighbors that this is not going to be a problem or at the very least let the Plan Commission know that the applicant has done everything that they can possibly do that hasn't happened yet So that's our recommendation is is to deny and go through the rest of the process Any questions for the city attorney from Alders? older than you Since we apparently are opening the floor to neighbors I think we should if anyone is here from the bar I think that person should be allowed to speak first So that we know what the issues are and what the bar is intending to do If such person is here Okay Yep, and if you would just introduce yourself tell us your name so that the person taking the minutes can My name is Christine Polkar and I'm representing Cheryl Agan for house divided. I Had recently got an email from Cheryl Stating what the possibilities could be wrong and I drew up a proposal of a new seating chart Along with pictures That would It's it's a sidewalk right along the bar and I have it with me right now if that would be an issue So if you're looking to change the application that would have to get reviewed so we could hold the application Okay, because you've basically changed it That is one possibility if you want that done as well, okay What were what were the reasons for not Allowing Basically, it's called contiguity So, you know, you already have a premises, which is your building right and then there's a gap And then there's the sidewalk cafe and and a premises has to be a single premises You can't have gaps, you know yet can't walk through not premises to get back to premises So you'd have to include that whole area where you had previously gone to the plan commission So that people can get there to the sidewalk okay now if you were to There are a couple of issues Because there is a difference between you've done both the sidewalk cafe permit and a change of premise It's primarily the change of premise issue. That is the concern of contiguity not the sidewalk cafe However, we can't grant you the sidewalk cafe without a change of premise because you've indicated you're gonna serve alcohol If you weren't going to serve alcohol They could actually vote on the sidewalk cafe Because the premise issue only relates to the service of alcohol But my understanding is that you do plan to serve alcohol. Yes. Yeah, so so so that sort of leaves that option out Where you don't change your premises and you just do not alcohol on the sidewalk So that brings you back then if you're going to amend the plan so that you're gonna put tables sort of outside But but in that area between the sidewalk and the the bar You can make that you can go down to the clerk's office and amend amend that at it, you know add it to the Recommendations and then staff will look at it. That's exactly what I'd like to do So now, you know to the rest of the committee, you know, obviously you've got neighbors here You probably want to hear from them anyway, but based on that we would probably Make it make an amendment to hold because what she's saying is that the problem she's she's eliminating the problem that led us to recommend to not Do you have any questions for us No, I don't No, all right. Sounds good Anyone else wishing to speak on this item? I Just I think I would like to clarify for the representative of the owner. So when we say contiguous We don't mean right up next to it So your property has a big parking lot which many businesses would be happy to have But you have a big parking lot in order to put tables on that parking lot You needed to get a conditional use permit and apparently your neighbors don't want that so my understanding of what the city attorney is saying is that In order to proceed with the sidewalk cafe permit and the change of premises the description That you offered in your application or applications needs to include the parking lot because of course that is part of your business And it is contiguous to the sidewalk So under that Under that measure if you amend the application in that respect my understanding would be that that would be acceptable sidewalk cafe permits and premises are not Subject to the same kinds of concerns Or standards. I should say that a conditional use permit might be I'm certainly meaning no disrespect to your neighbors concerns, which we will now hear And which you would be very good to listen to I will know it in the sidewalk permit cafe permit ordinance the police department has authority As far as i'm reading under section 110-504 sub e To without reason to immediately close down your sidewalk cafe and I would assume that would be if there were issues in addition Your sidewalk cafe can be revoked Prior to expiration Upon notice to you. So in other words, there are Significant protections built into the granting of a sidewalk cafe permit to ensure that we don't have a lot of noise Or trash or whatever might Might be there, but in any event If in fact there is a motion to hold and you do wish to amend your permit I would suggest you work with the clerk to completely understand Exactly what premises they want described Because from a legal perspective This is part of what we call your cartilage and it is contiguous to the sidewalk at least In my dated opinion Depending on how things turn out here That's something you'd want to discuss with the clerk and perhaps the city attorney because this appears to be more complex for you than most business owners Depending on what it looks like Once you get it to the clerk if we feel like it you we need to At the staff that reviews these things needs to meet with you. We would like likely invite you to a meeting I know we have some neighbors here anyone wishing to speak Then please just state your name and your address My name is three minutes Lovely. Now we're not going to hold you too tight to that My name is Linda Zolo and 2914 South 9th And would you would you just for the for the person taking the minutes would you spell your last name? Z like in zebra a l e t e l I understand