##VIDEO ID:tP0vFo2X4tg## e e e e e e e e e e e good afternoon it's 4:30 p.m. on Monday October 14th 202 4 we'll call the meeting of the city council to order item number one is the consent agenda councilors what are your wishes I'll move 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 carry item 2.1 we have a public hearing for noise variance for Rush at this time we will open the public hearing if you would like to have your comments heard please come up to the microphone state your name and address for the record do we want to talk a little bit about what this is um it was in the packet uh Mr Dalton isn't here um just in summary it is um a public hearing for um the Clos or the option to permit Amplified Sound and Music for a fashion show on Friday October 18th from 5: to 11:00 p.m. on the rooftop and I assume we no oral contact or anybody called or in writing are you aware of any none that I know okay and I've received no no information from anybody or any complaints thus far and it's a couple businesses working together to do something different I and it's goes till 11:00 p.m. which we've kind of agreed upon as a reasonable time for weekend events like like this I'm not uh seeing anybody from the audience coming forward so I'll offer a motion to uh conduct the public hearing here and pass all objections whether presented orally or in written related to requests for the noise variance I'll second it thank you we do have a motion and a second any additional discussion assistant director Amir please call the role yeah let see should we put the date and time into the record oh yes we should prob read the second go ahead resolution all right subject to the public hearing offer the resolution closing the public hearing and authorize the request from Aaron bod uh rush for noise variance permanent Amplified sound music for private event Fashion Show on Friday October 18th 2024 from 5:00 p.m. to 11:00 p.m. on the rush Ru Toop 1:26 North Minnesota Street second we do thank you um we do have a motion in a second what kind of Fashion Show is this Aaron Bodie come up here and tell talk to us for a second I want to know have to State my address it's so it's like a um fall fashion so they're going to be presenting fashion and I'm going to be presenting like a whole new menu so it's this idea of making two businesses show showing what they're doing kind of going forward if you will can you mention know those businesses are or uh so Gallery 512 shells and then Rush myself and then Lola is included in that yep great thank you yeah thanks s yeah thank you we know thank you assistant director Amir please call the role councelor Mack yes councelor Christian yes councelor Schultz councelor warmca yes president Becker yes motion carries item number 2.2 a public hearing on the final plot of cor's thirdd subdivision Mr snri Madame President members of the city council um you considered the preliminary plat at your September 3rd meeting and you approved it at that time uh the applicant in this case is uh Shelley winter the current legal description of the property is lot three block one course subdivision um the street address is 16065 KC Road uh the property is generally um located south of the KC Road West of Huffman Road and it abuts North Highland Avenue utilities are located in North Highland Avenue and the KC Road the utilities in North Highland Avenue are the ones that would serve uh this parcel the existing house is currently on a well and septic system and will remain so going into the future uh one set of services has been extended uh into the future lot to the um amount of area to be platted is 2.75 Acres the the property currently consists of one lot will be subdivided into two um lot sizes more than meat our minimum requirements um the conditions that were identified for approval um have all been addressed with the exception of one and that has to do with lot two will uh pay the connection charges uh for utility service that's $33,000 for sanitary sewer $3,000 for water M and $1,400 for a sanitary sewer lift station I would note that the Planning Commission recommended approval with one condition at their September 26th meeting that would conclude the staff report one question Dave do you want that read into the record approving it with the sack and whack fees or not or just doesn't have to be it should be right those fees are in our Fe Fe schedule right um but yeah that would be appropriate it it is a condition to the uh okay for the plan you didn't hear any concerns from anybody no all right at this time the public hearing is open if you have any comments please state your name and address for the record at the microphone I'm not seeing anybody come up I'm going to close the public hearing and offer resolution approving the final plan of course third subdivision located at one 6065 KC road with the one stated condition lot two will pay the per lot utility charge of 3,000 for sanitary sewer 3,000 for the water me and 1,400 for a sanitary sewer lift station due at the time of connection second we have a motion and a second any additional discussion assistant director Amir please call the role councelor Mac yes councelor Christian yes councelor Schultz yes councelor wara yes president Becker yes that motion does car item 2.3 is a public hearing on the final plot of the wells subdivision once again Mr snowber yes so the city council again approved the preliminary plat at your um September 3rd meeting the applicant in this particular case is Adam and Shaina Wells the uh legal description of the property as part of the Northeast quarter of the Northeast quarter section 13 Township 110 range 31 street address is 2312 North Highland Avenue property AB buts North Highland Avenue and is located uh uh north of Lake Avenue and west of 23d North Street uh the property was annexed into the city on October 4th uh of uh this month um the plaed area totals 5.46 Acres um it currently is one parcel one lot and it will be subdivided into five Lots um Lots two through five comply with the City Zoning standards for R1 zoned Lots lot one complies with our standards for a parcel in the AOS zoning District as as well as the um medium density residential district that we have in our comprehensive plan there is residence on lot three uh that was constructed in 1967 was approximately 1,600 square feet um in size as far as conditions are concerned um the plating fee for this particular request that payment has been made the Parkland edication fee that payment has been made the rezoning of the process or or the resoning of the property excuse me is in process um again this property is subject to the connection charges that we just talked about with the previous request and then um each uh platted parcel EX including lot three um is required to construct a storm water treatment facility on site as part of the final development of that parcel uh the property currently is not served by one of our storm water facilities and that is the basis for that um condition that would uh conclude the staff report thank you again this public hearing is open if anyone would care to be heard please state your name and address for the record doesn't look I don't see anybody getting up so I'll offer a motion to close the public hearing offer resolution approving the final plat of Wells subdivision located at 2312 North Highland Avenue with the following conditions plating fee of $350 Parkland dedication fee of $1,750 the resoning of lot one to R3 is a delayed option and lot utility charge for lot one 2 4 and five of $3,000 sanitary sewer $3,000 and water main for 1,400 uh and a s for the sanitary lift station are due at the time of connection and lastly each platted parcel excluding lot three shall construct a storm water treatment facility on site as part of the final development of each parcel to be completed as lots are developed second thank you we have a motion and a second any additional discussion assistant director Amir please call the role councelor Mack yes councelor Christian yes councelor Schultz yes councelor wara yes president Becker yes that motion does carry one more public hearing is item number 2.4 regarding the final plot of South Point Financial addition okay again the city council um recommended uh approval of the preliminary plat at your uh September 3rd meeting the applicant in this particular case is south Point Financial Credit Union property is legally described as part of lot 3 Block 33 north of Center Street um street address is 711 North Spring Street uh property is generally located west of North Spring Street and North of US Highway 1415 and this particular piece of property previously was owned by menot and was part of their um RightWay um the platted area total is 0.15 Acres or 6,400 Square ft um the property is currently described using a meets and Bounds legal description um our code does not um permit those and so that is the basis for the um um the plat um South Point intends to use this property for Park for employees as well as snow storage um and they anticipate having approximately six spaces there Planning Commission uh recommended approval at their September 26 meeting and there are no conditions with this plat that would conclude the staff report thank you Mr schnock again the public hearing is open again seeing nobody coming to the mic I'll close the public hearing and offer resolution approving the final plot of the South Point Financial addition generally located west of North Spring Street and North of US Highway 12-15 second thank you we have a motion and a second any additional discussion director please call the role councelor Mack yes councelor Christian yes councelor Schultz yes councelor warka yes president Becker yes that motion does carry moving on to license and permits item 3.1 is a tree service license I'll offer motion to approve the issuance of a tree service license for Clayton will Che 28799 sarino Avenue Morgan Minnesota for the period beginning October 16 2024 ending June 30th 2025 subject compliance with all city and state requirements second we in a second any additional discussion in favor signal by saying I I I oppose that carry item 3.2 off sale intoxicating liquor license making a motion to approve the issuance of an annual off sale intoxicating liquor license for bfd2 uh LLC also known as Rush at 126 North Minnesota Street site 200 for the period beginning October 16 2024 and ending June 30th 2025 subject to compliance of all city and state requirements 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 carry item number 4.1 summary of business conducted during board and commission meetings we'll start to you not going today um I all I have just a short one last uh meeting I they reported on uh Westridge Place Insurance having difficulty and they're still working on it looks like they found a provider so they're still working out the details we'll know more at the next meeting so that's all I have all right uh Heritage preservation meets next week uh Park and wreck last night had a busy agenda Park commission was presented the feasibility study on Herman the German so uh if you do get a chance read through it it's an excellent report and sho's letter of support also the Herman Monument Society requesting permission for Christmas lights on the fencing up at Herman that will come to us next week or in November excuse me also the BMX agreement presented they accepted it with the uh also the loan is built into the agreement takes our approval next month that'll be forward to us and then also the parking wreck had a good month again with donations $5,200 again they'll all be presented to us in November great thank you I've got nothing and just uh from Brown County Solid Waste advisory commission uh one major thing that they're having problems with is still battery recycling being done properly I've reached out to clay at the journal we might try to get him in touch with the right people to start to educate the public of what's proper for battery disposal because it is going to become a problem with it being everything is Wireless nowadays so they're trying to get stay ahead of it before it becomes an absolute nightmare so just learning new stuff very good mayor um I've had a a busy weekend uh first of all we did the um review of the Community collage so the different images of our community represented there and I think the the benefit of it is if you look at that collage and if you can identify with anyone on that photo it also validates you if you didn't make it to the photo session and so on so uh I really appreciate the efforts of the downtown Action Council board and the uh Chamber of Commerce uh for making that and all the donors for making that possible on Saturday I ATT tapped The Keg to kick off the downtown October Fest uh and I imagine some of you were there I didn't see you in the crowds but I started at 10:00 in the morning and I was still active at 11: at night uh it was a great day and of course I'm not sure whose responsible for the weather that we've had on the two weekends of October Fest but it was absolutely terrific uh also uh we had our Eda meeting and the business that was conducted there uh will be reported and we'll get an update U during that part of the meeting I'm assuming uh and uh we had our newal partnership meeting was rescheduled so that'll be tomorrow and that takes care of my report that's great all right um I'll just do aort kind of a recap of the Eda meeting um we did have a public hearing and um are moving forward with the sale of Garden Terrace um apartments and we as uh as an mediate are I think thinking positively that this is going to be a great decision and opportunity for the city um the company purchasing it is already um investing in other areas of the community as well um and then we did meet the new director the executive director for newb uh Mr Steven Brown and um I know that he has been busy getting uh boots on the ground and getting out meeting people so we'll be looking forward to another report from them next quarter for my updates May I make a another comment I forgot yes mayor I don't know how I could forget I'm deeply entrenched in looking for people first of all for reappointments for commissions uh we have a list of the commissions that um need appointments to them uh we have 11 open seats I am working meeting first of all with as an example with April uh from the library with Chris manderfeld regarding pu so working behind the scenes to get those names forwarded uh by January if anybody here has names that they would like considered please forward them to me so that I can make the appropriate contacts sometimes people are eager to make contacts on the behalf of the city or the commission or myself not knowing that there might be other people for consideration on an existing list so I would appreciate that thank you thank you um I guess on that note of committees and commissions uh Mr Scott since you're here with us this evening I know at a work session a couple uh of months ago we talked about like a youth counselor or junior counselor and was curious if we should be sourcing for that as well this year uh thank you council president I remember we looked into this and I don't remember what uh the advice was specifically I can certainly follow up with uh city manager Dalton uh tomorrow okay certainly thank you so much um with no other comments we'll move on to section five item 5.1 we have a donation of a lion man figurine from Al Germany by no other than Dennis Warda Mr Warda thank you for being here can you tell us about what we have in front of us this evening almost have that statute up I am it is a real privilege and a real privilege and pleasure for me to present this to the city I've been working on this for some time I did not want just an ordinary copy of it I wanted a copy as closely as possible to the original and it will fit in very nicely in our uh in our uh display in the in the lobby here at City Hall some of the explanation is already there accompanied by pictures but now it will also include this uh very close duplicate of the actual Lion Man 40,000 years human mind can hardly comprehend something that old but more importantly but humans at that time had the skill and the tools to carve something like that out of a MTH Tusk it's an incredible accomplishment to humankind thank you very much it my pleasure thank you Danny thank Mr Warda thank you we would be looking for a motion to accept this replica donation I would be glad to offer that resolution to accept the donation of the replica of the lion man figurine from Al Germany given to the city of new home on behalf of Dennis Warda second thank you we have a motion in a second any additional discussion just a big thanks to Denny for your work on this I know this was a passion of yours and thank you on behalf of the city you Denny thank you assistant director Amir please call the role councelor Mack yes councelor Christian yes councelor Schultz yes councelor warka yes president Becker yes that motion does carry thank you again under old business item number 6.1 is in regards to ordinance number 2024-25 2024 meeting unanimously uh recommended approval of um all three of these amendments that we're proposing here tonight and the findings of fact and the reasoning behind their decision is included in your packets city council uh at its October 1 meeting uh of 2024 had the first consider consideration of the ordinance and had made no suggested changes to what the Planning Commission had passed just a very quick summary of what's being uh changed here uh table 3.1 is simply a terminology change to make language consistent throughout the zoning uh ordinance table 4.7 is to add new regulations uh for the development of corner Lots in the rt2 uh zoning district and then table 5.3 is developing a second set of Standards um in the B3 zoning districts for the development of lots less than uh 20,000 Square ft we've received no comments from the public regarding uh these amendments thank you Mr nicely uh councilor warm Kirk Council or Mac ours went blank again you got to make both of those sorry M mine's not loading here but I'll read off the ordinance here so I'll offer motion to conduct a second consideration and adopt the ordinance number 2024-the the zoning ordinance of the city of newm amend table 3-1 and update the development standards in the rt-1 traditional neighborhood single family residence and the B3 community business zoning districts and approve the attached summary of the ordinance amendments to be published in the newm journal 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 carry item number 6.2 is in regards to ordinance number 2024 092 second consideration Mr snowberg yes this um concerns the resoning of property that um is located in the wells subdivision so that's the um plat that you uh just considered in this particular case the property is being rezoned from AOS which is agricultural open space to R1 which is single family um that designation though would only apply to four of the five Lots so it would be Lot 2 three four and five um the Planning Commission unanimously um recommended approval um of this request at their September 26th meeting uh the petitioner in this case is the city of New Alm um the property uh has been annexed and um there are three conditions that are identified in the resoning ordinance um the first condition um requires that the property be annexed that has been completed the second condition is that the city council needs to approve the final plat that has now been completed and the third condition is that the plat um is to be recorded um at the county record's office so that's something that is pending getting the necessary signatures that would complete the report thank you Mr schnober motion to conduct the second consideration and adopt ordinance number 202 24-9 to amending appendix a to the New Alm city code to reone from AOS agricultural open space to R1 single family residence District uh the properly legally described as Lots 2 3 4 and five block one of the wells Edition second thank you we have a motion in a second any additional discussion those in favor signal by saying I I opposed that motion does carry under new business item 7.1 is a hardship deferral for the 2025 installment due for the 2018 USA improvements I think this is one property we've approved for multiple years so I'm going to go ahead and offer the resolution to approve the hardship deferral to the 2025 installment due of $2,619 63 for the 2018 USA Improvement charges for the property owner at 1116 thirdd North Street New Alm legal description is a rear 80 ft of lot 14 block 185 north of Center second thank you we do have a motion in a second any additional discussion those in favor signal by oh NOP director assistant director Mir please call the role councelor Mack yes councelor Christian yes councelor Schultz yes councilor wara yes president Beckner yes that motion carries item number 7.2 is the appointment of Ellie s to the sister City's commission I'll motion to approve the appointment of Ellie Sweeney to the sister city commission to fill the unexpired term of Keith ROV second thank you we do have a motion and a second any additional discussion those in favor signal by saying I I I that motion does carry and welcome aboard the assister cities commission Ellie um item number 7.3 is ingress egress easement with agreement with M&D Properties LLC Mr nisley good evening standing in for uh the city manager on this item tonight thank you um so the new on public utilities was approached by Dale bushard requesting an easement to access M&D properties through property owned by the city of New Alm uh the property owned by M&D is always entirely within the Minnesota River flood plane and it has no public Street access um and now has been enrolled in the reinvest in Minnesota um Reserve program also known as The Rim program uh the state uh in order to um in order to inspect the property for compliance with the regulations uh that surround that program is requesting access by M&D uh for the purpose um again of administering the program the document will grant uh permanent access um through an easement over and across existing private an existing private Well Road which runs parallel to the M&D property um and you can see in your Maps uh in your packets there's a map showing the location of this proposed easan area it's essentially uh to the south of the kala woodworking building and uh uh the land um that is currently um vacant that's owned by I believe uh mvtl um the City attorney is the one that drafted this uh this um agreement and I'm sure he would also be available if you have any questions thank you Mr nicely I know we've done this in the past so I'm going to offer a motion to approve the eagus easement with M andd properties granting access to M andd Property through city of New or property to satisfy requirements by the state of Minnesota for the reinvest in Minnesota Reserve program second thank we have a motion in a second any further discussion those in favor signal by saying I I I motion carries item 7.4 nicholet County um Casa 37 snow removal agreement M president Cate councilors this is a yearly agreement that we bring before you for review and approval um it's just an agreement for City crws to perform the snow removal activities from the bridge to Highway 14 the only question I have Joe um is is has there been an increase so we're getting reimbursed $520 a month to take care of that portion of the road for four months five months whatever it is in the winter um have we had an increase and if so when was the last one I'm not sure when the last one was but while I've um been in this position it's been at that same amount so and it's do for for an increase gas has not went down it's uh it was reviewed with the street superintendent as well so he felt that it was adequate for the time they spend out there so I don't mind that we do it I think it's very important it makes sense for us to do it but I just make sure that we're fairly compensated for it as well so maybe next year we can look at yep um an adjustment there um so I'll go ahead and approve the Nicola County um Highway 37 snow removal agreement dated October 8th 2024 and authorized the city manager the finance director to execute the agreement second thank you we have a motion and a second any additional discussion those in favor signal by saying I I I opposed that motion does carry item number 7.5 task order for 2020-7 for airport Engineering Services Madam president City councilors so this is the next step in the land acquisition process for the crosswind run for crosswind Runway 927 Improvement project at the airport so uh bringing the uh task order to you today for approval and that would allow me hunt to begin the the tasks associated with the land acquisition process a motion to approve task order number 2020-7 for airport Engineering Services adding to the task to the Meen hunt Incorporated Professional Services contract in the amount of $239,100 second any further discussion those in favor signal by saying I I I I motion carries item 7.6 first consideration of ordinance number 2024 dtbd amending chapter 5 of the city code uh Mr Dalton is not here uh but this is in regard to um liquor licensing and regulation of the city code um so if you've had a chance to go through your packet um we're just kind of cleaning up some language um in regards to um service and notices relating to the licy it is in your packet if you have any questions yeah it looks like we're just cleaning up a little bit of redundant sentencing structure so I'll make a motion to conduct the first consideration of ordinance number 202 24-bed for the City of New W Brown County Minnesota amending chapter 5 Section 5.03 subdivision 6 of the city code second thank you we have a motion and a second any additional discussion those in favor signal by saying I I I opposed that does carry item 7.7 um wave Planning Commission approval of Eda property sale I know Mr Dalton was going to report on that as well but I'll go ahead and offer the resolution waving the Planning Commission approval of the Eda property sale for the Garden Terrace properties located at 101 1021 North Garden Street in the vacant lot identified by parcel numbers 00 1-5 or period 57178 z490 second we do have a motion in a second um any additional discussion I'm just going to ask mean from the eda's public um meeting were there any public comments on it in regards to it or that we did have a couple of questions in regard to the sale but they were more kind of clarifying questions um there also was a gentleman who came up in support of the sale of Garden Terrace feeling that the city should um and the Eda should not really be in the business of landowning and managing land that it kind of stifles the ability for continued economic growth um we at the Eda agree with those sentiments um and so didn't the other person just have questions about when when was everything going to happen kind of yeah what I was told yeahh pretty straightforward yep um I had a couple calls I mean most of mine were one wanted to know if another driveway addition was going to be added which doesn't appear to be and um most again most people want to know they're going to raise my rent and how much right and you know I some of the things that we liked about that just speaking as an Eda commissioner was you know they are looking to enhance their prop property as well um and and improve the property pickle ball courts you know and those types of amenities yep um you know with the potential of exploring another building um I don't know uh mayor backer would you have anything to add to that uh not really as far as questions uh I do believe that um this is a big move for the City of New Al to get out of housing at far a fair market value I think that um and it's been proven in in reports that we have depressed uh the rent rates and if we get out of that business I believe it is Marching In the Direction Where We should be with respect to supporting Eda efforts uh the monies from that while we don't have an immediate need or use uh will be invested and offset uh the loss of the income that we might generate or the profits that we might have generated by operating those two properties so I applaud the efforts of the Economic Development Authority commission and look forward to continued approval here with this U body the last thing the Oak Hills you know originally had a real strong interest in this property and just they're not in the financial shape to purchase that building but so we did try to help that situation out by um giving writing in the purchase agreement the first write or refusal if this company would decide to Stell down the road that Oak Hills would get the first opportunity to to say yes or no so we wanted to help them out as well because that's an important business in our community as well yes there was definitely a lot to consider and the purchaser was certainly willing to work with the Eda and with the city and um to adjust to what you know what we want as well so I'm positive there um I would just like um Mr Scott if he can just to kind of site since Mr Dalton isn't here why we would be doing something like this why we would be waving this uh this is the procedural requirement uh council president mayor members of the council every time the city or its uh boards or commissions is going to sell publicly owned property in the city uh there's a requirement that the Planning Commission review and consider the sale for compliance with the comprehensive plan um in a case like this where there's an existing use on the property that will not be changing uh this the type of situation where the city Council which is authorized by Statute can dispense with that requirement it just has to be by a two-thirds vote thank you so much Mr Scott for that extra information well I'm going to offer a resolution waving the Planning Commission approval of the Eda property sale for Garden Terrace properties located at excuse me we already did it we we did we did have a motion in a second I know we're very enthusiastic about this here is there any additional disc discussion on this okay assistant director Amir please call the role coun yes councelor Christian yes councelor Schultz yes councelor warka yes president beer yes that motion does carry item number 7.8 library donations and memorials we offer the resolution to accept donations and memorials to the New Alm Public Library for the period beginning of June 1st to September 30th 2024 those donations from p Patty Lee boach for $100 for books an anonymous cash donation for $40 uh $25 from Linda Lindquist for books I $20 from Teresa westrup for crochet books uh $25 from sue erery for craft for crafts or pet books and $1,000 from the Lions Club of New Alm thank you Lions Club for large print books total of $1,210 second we do have a motion in a second any additional discussion assistant director Amir please call the role just change the second councelor Mack yes councelor Christian yes councelor Schultz yes councelor warka yes president Becker yes that motion carries with no additional business today this meeting is adjourned