##VIDEO ID:DYNGeLSk3QA## e e e good afternoon it is 4:30 p.m. on Tuesday October 1st today of 2024 we will call the city council meeting of the city of New Alm to order item number one this evening is a consent agenda councilors what are your wishes so move second we do have a motion and a second any additional discussion those in favor signal by saying I I I we're not making more that motion carries I was just you guys were a little Hasty on that and so but just that's great a little um item number two is public hearing we have a couple public hearings this evening 2.1 public hearing on the special assessments for the 2023 2024 weed and tree removal and property repairs's notices were all sent to the people on the list um so they were aware of the assessments I have not heard anything about these particular assessments thank you very much at this time go ahead um the public hearing is open if you do have a comment um you can come to the microphone and state your name and address for the record uh being that I see nobody coming forward I'm going to conduct the public hearing and offer the resolution establishing the special assessments for the 2023 2024 weed and tree removal and property repairs second thank you we do have a motion in a second any additional discussion this is the first time I've seen sidewalk repairs right Chris I don't know if I've they're on there periodically usually maybe one year all right thanks any additional discussion director jensson please call the role councelor Mack yes councelor Christian yes councelor Schultz yes councelor warka yes president beter yes motion carries item number 2.3 is a public hearing or sorry 2.2 is a public hearing for special assessment on the resale of tax forfeited property I'm sorry this one we actually decided not to move forward with this morning we have some questions with the county on the amount so we've contacted the owner and we're not moving with forward with reassessments at this time perfect these reassessments and this item will be tabled item number 2.3 is um for special assessment on resale of tax forfeited property this is one single lot the the notice was sent to the property owner um these are for older assessments from before the tax forfeiture um we're just looking to reassess those and I have not heard anything from this property owner again hearing nobody wanting to be heard I'll make a motion to conduct the public hearing off of the resolution establishing the special assessment on Dakota west addition lot 13 block four second thank you we do have a motion and a second and we are seeing there is no one that cares to be heard so I will ask for any additional discussion okay at this time we'll close the public hearing uh director Jorgenson please call the role councelor Mac yes councel Christian yes councel Schultz yes councel warka yes president Becker yes that motion does carry public hearing um is item number 2.4 for special assessments for the 2023 24 delinquent Water waste water and storm charges counselor same thing the notices were sent to all the property owners we received a few few few phone calls asking about the amount so we've explained those to those that have called um other than that we really didn't hear any other complaints or anything from anybody hearing that I don't see anybody coming up here so I'll offer a motion then to close the public hearing and offer the resolution establishing the special assessments for 2324 delinquent water Wastewater and storm water charges second we do have a motion and a second any additional discussion director jensson please call the role councelor Mack yes councelor Christian yes councelor Schultz yes councelor warka yes president beer yes that motion does carry section three licenses and permits item 3.1 American Legion liquor license extension for October Fest all for the resolution authorized extension of the American legion's liquor license into Minnesota Street between Center Street and First Sal street during October Fest on Saturday October 5th and October 12th 2024 beginning at 10: a.m. to 7:00 p.m. subject to conditions second thank you we have a motion and a second any additional discussion director jensson please call the role councelor Mack yes councelor Christian yes councelor Schultz yes councelor warka yes and president Becker yes that motion does carry item 3.2 is a Raffles gambling permit for New Alm youth wrestling I'll make a motion to approve the assuance of a lawful gambling permit for the New Alm youth wrestling Association to cut conduct Raffles gambling at Rolling Thunder wrestling 16007 South German Street on Sunday December 15th 2024 second motion and a second any additional discussion those in favor signal by saying I I I opposed that does carry uh item four is reports from officers boards and Commissioners item 4.1 is a conditional use permit for 214 North Minnesota Street and we have Mr nley here good evening good evening council president counselors John nle planner with city of new um this item is a proposed conditional use permit uh to allow 214 North Minnesota Street LLC to operate a Farm Winery on property zoned B4 that's the central business district in the downtown area uh the Planning Commission ated September 26 2024 meeting unanimously recommended approval with conditions um the reasoning of uh reasoning for approval is found in the findings of fact attached to your agenda so I'll give a very brief overview of what they're proposing here um so the applicant is applying for a conditional use permit to open up a Farm Winery and a vacant downtown building um that's 214 North Minnesota street we all know it as uh the old Lamplighter building uh our city zoning ordinance defines a brewery Winery as a business located in a building or establishment that manufactures beer Malt Beverages wine or similar fermented products through the use of kegs bottles cans with the option to sell its own products on site in a tap room and a a brewery and a winery are also allowed to operate a restaurant on the premises um table 5.5 uses by zoning District says that a brewery is a conditional use permit in the B4 zoning district and mainly the reason behind that is um when they manufacture those types of things on site there can be smells odors extra waste that are generated from that type of operation that's the reason we have a conditional use permit uh for those types of things in the in the downtown area um in September of 2022 the business located at 214 North Minnesota Street experienced a major Fire Within the building and has since been vacant structurally the building is sound even though it received extensive uh smoke damage the applicant is proposing to operate the farm uh operate the wine fermentation and processing area completely within the building envelope uh the wine will actually be brought into the space uh partially fermented from a from a different uh facility finished and then bottled on the site um so there are no outdoor impacts associated with the wine making process there was a concern that was brought up at the Planning Commission about how are they going to be transferring that wine from the street or the vessel that it's being carried into the site so they'll actually be using what's referred to as a transfer pump from the truck uh and transfer uh the liquid into the building into tanks to finish off fermentation very common practice ice on the wine beer making World from the rear of the building it'll be in the front of the building so we'll get we'll get to that point too uh the Planning Commission did add an extra condition to take uh to try to ensure safety measures are taken um uh in addition to manufacturing wine on the site the applicant intends to have a full bar to serve the wine along with other beverages sell the wine retail and operate a restaurant uh there are currently no finalized plans for the Upper Floor of the building and at this time the floor will will remain as it is today um there were six proposed conditions attached uh to this conditional use permit application um one is that the applicant property owner will pay uh the cost to record the permit with the Brown County Recorder Office two that the applicant will maintain necessary state and federal licenses to operate a Farm Winery dispense alcohol and conduct events three that there's no exterior stor storage for the wine making Pro process um is permitted on the property four that there will be no external manufacturing impacts on Area Properties five that the applicant will comply with the seeding requirements and then six the applicant will provide safety measures for pedestrians using the sidewalk when loading or unloading bulk wine from the street uh that concludes the staff report just back to uh the the processing the transferring part I would anticipate um that that wouldn't take any longer than it would when semis are stopped in the downtown area loading other businesses up with whatever they've purchased so it could be Cisco it could be a distributor loading up those other bu uh businesses uh in the downtown area MH and I did notice that uh you know no outdoor impacts are they doing anything with the facade or not you know yeah they are proposing at least to our knowledge right now they will be proposing a a new um canopy but not changing the any external features other than the canopy on the building and H would they're aware that goes okay HBC I got it thank you um I had a question I'm assuming the upstairs was that was Apartments before and those are vacant those are currently vacant okay I I think they do have future plans but at at this time they're going to leave those vacant and if they use that as part of their operations would they need a separate um cup for that upstairs no it's for the property which would include the whole building okay they might have to deal with some building code issues with those types of weights and things on the second floor but that would be something they'd work with a building official on Okay add from the Planning and Zoning uh meeting you know the discussion was about transporting of the wine into the facility and you know I think John would agree with what I home I'm saying at from the meeting is that it's not going to be that often you know so you got your Harvest they're going to produce their juice and then that's designated times they're going to be ringing it in so it's not like it's going to be weekly you know it's whenever it's ready at their off-site location they'll bring it in correct and do it so portion of the building will be where they're going to actually finish the wine product the rest will be basically an open wine bar MH yep corre and restaurant restaurant and a restaurant I did have one more question so the applicant is Mark um hund so he's the develop velopment manager of rebound real estate so is it going to be his business or is he applying for this on behalf of somebody else on behalf of somebody else he they're going to well and when will we know who that will be who the the leasers will be yeah um I'd have to ask I'd have to ask Mark about that but it sounds like he has secured two people to already lease the property one to do the restaurant business and then one to are do the wine making mhm it's going to be two two different businesses operating in this building through one conditional use permit yeah okay the the restaurant doesn't need a conditional use permit at all that's just a permitted use in that Z it's for the winery okay and what's their plan as far is starting uh according to Mark they'd like to be open by next June with the remodels all the demolition that needs to take place um the new construction that needs to take place um fairly aggressive of timeline for them I'll go ahead and offer a resolution to approve the conditional use permit with conditions listed below to allow 24 North Minnesota Street LLC to operate a Farm Winery in a B4 Central business district second thanks for your explanation John thank you um we have a motion and a second any additional discussion I'm just going to add that we issued this something similar across the street two years ago for what was going to be a winery so correct you know so director Jorgenson please call the role councelor Mack yes councel Christian yes councelor Schultz yes councelor warka yes president beer yes motion carries item number 4.2 is and ordinance number can start brief and if we have questions can super um so the first uh proposed zoning amend amendment is to table 3.1 in the zoning ordinance and what it's listed in table 3.1 are the different zoning districts within the city and uh their abbreviations and then their T their n um District um titles let's call it um and in that table it it lists the the B3 Zone District as the community uh Community commercial district and then throughout the rest of the ordinance um the B3 is referred to as the community business district so the correction to table 3.1 is simply um trying to keep the rest of the ordinance uh consistent in changing Community commercial uh to community business district so it's just a text change uh in table 4.7 that is um in regards to the the rt1 that is the traditional neighborhood single family residence District that district is sort of designed to be the transition zone between the rt2 which is the single and two Family Residence District to the rt1 which is uh or sorry the R1 which is single family residence District so it's that transition zone from a higher density to a lower density largely the Lots within that zoning District are those typical City grid Lots 50 by 165 and within those grid Lots there are a number 36 actually uh lots that are split and are on corners or intersections um where if we were to keep the uh current standards that are written for that uh District those lots um that are split Corner Lots um wouldn't be able to develop any further with additions or things like that um because those weren't taken into account when the when the District was was set up so this proposed change is basically taking the exact same standards that are in the rt2 which were designed for the grid Lots split Corner uh split Corner Lots in the grid section and bringing them over to the rt1 but it's only for existing split Corner Lots not any new Corner Lots um John I got one question with that okay I understand the corner Lots splitting them up it doesn't impact or was it taken into consideration those few houses that we have in middle of the Block in the rear half of the lot that there's a house no no okay I think we've got four or five of those left yet right and I think those are mostly in the rt2 if I'm not mistaken so the rt1 saying yes is it all the r R2 Dave for the most part okay so if you can if you can imagine the north and south end of the of the community down towards South Park that's the area where there's a lot of rt1 zoning districts down towards North Park that's where there's a lot of the rt1 and then in between is uh the rt2 single and two family similar to our old grid pattern right Dave okay thank you okay and then uh the proposed zoning amendment to table 5.3 that's the um community business district uh regulations those standards that are currently exist are um standards set up for lots that are greater than 20,000 Square fet there are six lots that are potentially developable in that zoning District currently that are less than that 20,000 Square ft and what we did was develop a second set of standards that would apply to those lots you know reducing setbacks uh both the front sides and rear so those lots are still developable develop able um because if we were to apply the Lots or the lot stand or the standards for the lots that are greater than 20,000 square feet they wouldn't be developable at all um it would just they're too small and too narrow uh the Planning Commission did uh review each one of these individually made separate findings of facts and approvals on each on each one of uh these proposed zoning amendments well I don't I don't have any questions it's not up on my computer otherwise i' make motion it's a big document so took forever to download into our system thank you did but I'll offer a motion to conduct the first consideration of ordinance number 2024 amending appendix a to the newm city code the zoning ordinance of the city of newm update setback standards in the rt-1 traditional neighborhood single family residents and the B3 community business zoning districts second thank you we do have a motion in a second any additional discussion those in favor signal by saying I I I opposed that does carry thank you John item number 4.3 resoning of property located at 2023 through 20 2303 through 2023 21 North Highland Avenue try that again there go president and members of the city council the property that is proposed to be rezoned would be from a classification of AOS which is agricultural open space to R1 which is single family residence District legal description of property is Lots 2 through 5 block One Wells subdivision the Planning Commission at its September 26th um meeting unanimously recommended approval of the resoning um a little bit of background on this particular request the um property owner in this case has petitioned for annexation of this property into the city city C ccil has approved that request the annexation documents have been submitted to the state of Minnesota uh to the office of administrative hearings by the City attorney as required in the city's zoning ordinance the property is zoned AOS at the time of its annexation the approval of a change in the zoning of the property from AOS requires a new zoning Amendment and must follow the the normal approval process um the proposed plat will divide the total property into five Lots but we're only dealing with lots two through five in this particular request so that is four Lots four of the five Lots the owner is in the process of selling lot three so he's going to sell one of those four Lots there is a residence currently on that uh uh lot so that would leave three lots that are currently vacant and um would be um available for single family development um lot one which is a lot that will not be rezoned um uh will be considered at a later date for rezoning following the determination of a more specific land use uh for that parcel um the most appropriate zoning class classification for it will likely be R3 which is medium density residence District um pursuant to Minnesota law there are two criteria that are considered one evaluating a re the resoning of property number one is whether the proposed rezoning corrects an error in the original zoning text or map uh or number two whether the proposed rezoning addresses needs arising from a changing condition Trend or fact affecting the subject property and surrounding area so it has to meet one of those two criteria um the uh first criteria does not apply in this particular case so we're looking at a change in condition Trend or fact the uh Planning Commission found um eight reasons um to um make that determin and um those are as follows the first one and probably the most important is that the comprehensive plan designates the property as low density residential and the proposed resoning to R1 would be consistent with that land use designation second reason is the resoning would be compatible with surrounding residential land uses third is that there is a single family residents currently on the property uh four the properties are a suitable location for that type of development five the proposed resoning would be compatible with area of Brown County land uses six the change in the condition is that the property is now available for single family development um seven property adjoins Municipal Utilities and eight Community has a need for additional single family residential lots would note that one of the attachments is a findings of fact form in which the Planning Commission um lays out the reasons for um recommending approval of the request that would um complete the um report on this particular item thank you Mr schnober now this is any issu with it if other counselors don't I'll motion to approve the rezoning of the property leg you described is lot 225 block One Wells Edition from AOS agricultural open space to R1 single family resident District second thank you we have a motion and a second any additional discussion those in favor signal by saying I I I motion carries item number 4.4 preliminary plot of newm River Haven Edition once again this property is um located east of North Highland Avenue and south of maple drive and has a current um street address of 1800 North Highland Avenue this property was previously platted as dreamville Nu Edition um and this was done in December of 2022 is when that process was completed however the plat was never recorded at the prown County record office so so the legal description for the property reverts back to the meets and Bounds legal description that um was used to Annex the property um into the city so now we have a new plat and it is um we're starting with the the whole platting process starts over and so um if you uh look at the uh staff report that uh the Planning Commission received you will note that the applicant is Wendy Anderson the property owner though is the city of New Alm and the city has at this time a memorandum of understanding with um green law um LLC to sell the U the property to them um the total platted area is 7 61 Acres um the applicant is proposing to develop a mix of um residential housing on the property and in phases phase one would include eight Twin Homes and two 48 unit Apartments phase two would include six town homes um the property will consist of 17 Lots 16 of the Lots will accommodate twin home dwellings um these units will be owner occupied um there are a total of five conditions for this particular um request one is to pay the platting fee of $480 number two is to um um the applicant is to provide an electronic file of the uh plat in an AutoCAD 2016 or newer format on number three the applicant shall enter into a revised development agreement and general development plan with the city of New Alm and five the resolution approving the plat will be filed with the Brown County record's office I would also note that um with most plats we have a Parkland dedication fee that we would normally charge in this particular case Planning Commission is recommending that the that that not be charged since they did make the fee previously 418 units of housing that project never took place so it would seem logical that we should consider that fee um paid um for this particular plat that would uh conclude the staff report this is quite similar to what dreamville was was intending to do right with Twin Homes apartments there was row homes I think in that first proposal correct no there were six um Town Homes um the um Twin Homes being platted separately is is different and the fact that they're going to be owner occupied is also a difference from the first time otherwise the configuration of the platted area is the same that's what it sounds like so the owner occupied explain that again which um all the housing are going to be the owner occupied the Twin Homes are going to be owner occupied so they're going to build them um I believe uh one at a time and as they sell they'll then build another and as it sells they'll build originally it was all going to be rental right and that was one thing the neighbors were upset about was making the assumption that you own the property you're probably going to take better care of it than if you're a rental which right whether it is or not but I think that'll make some of the owners um or the neighbors a little happier about the situation so thank you agreed with that I'll uh I'll make a motion to approve with conditions the preliminary plot of uh New Alm River Haven Edition located east of North Highland Avenue and south of Maplewood Drive street address 1800 North Highland Avenue second we do have a motion and a second any additional discussion those in favor signal by saying I I motion carries thank you Mr snowberg new business item 5.1 is to set a public hearing date for a noise variance request for Rush make a motion to schedule a public hearing date for Tuesday October 15 2024 at 4:30 p.m. for request from Aaron bod rush for a noise variance to permit Amplified sound music for a private event slfashion show on Friday October 18th 2024 from 5:00 p.m. to 11:00 p.m. on the rush rooftop 126 Minnesota Street a second thank you we have a motion and a second any additional discussion those in favor signal by saying I I I motion carries item 5.2 regarding ordinance number okay um so this is the ordinance first consideration of the ordinance that reson a property that um the council just took the action to um um rezone so it's um from AOS agricultural open space to R1 single family residence District it's for Lots 2 3 4 and five block One Wells um subdivision and it's uh the property located at 2303 to 2321 North Highland Avenue I'm going to offer motion to conduct the first consideration of ordinance number 2024 D amending appendix a to the New Alm city code to Res Zone from AOS agriculture open space to R1 single family residence District the property legally described as Lot 2 3 four and five block One Wells addition second thank you we have a motion in a second any additional discussion those in favor signal by saying I I I motion carries thank you item 5.3 is the scheduling of the canvas of the 2024 Municipal general election I'll offer a motion to approve the scheduling of the canvas of the 2024 Municipal general election for Friday November 8th 2024 at noon right here at the city council chamber make sure I need a quorum there I I was I was going to say if you are Ward one um or Ward three please make sure this is on your calendar right now for are you serious that's you that not dear hunting is it you can find somebody do you have a second Andrea or was there a second I was waiting for one second okay we do have a motion and a second um any additional discussion those in favor signal by saying I hi hi that motion does carry also we'll see you on November 8th item 5.4 Library donation resolution to accept the Optimus Club of new alms uh donation to the New Alm public library in the amount of $654 and thank you Optimist Club second thank you we do have a motion in a second any additional discussion director Jenson please call the rule councelor Mack yes councelor Christian yes councelor Schultz yes councelor wara yes and president Becker yes that motion carries last item of business is claims and estimates so a report of claims paid I'll for a motion to accept the list of claims paid in the amount of 4,845 5 $48. 34 second second thank you we do have a motion and a second any additional discussion those in favor signal by saying I I I opposed that motion does car and with no additional business today's meeting will be adjourned are you guys having trouble over there with things downloading too yeah