4:30 p.m. on Tuesday, September 2nd, 2025. We will call the city council meeting of the city of New to order. At this time, our first item of business is the 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. That motion does carry. Item 2.1 is a public hearing on the vacation of the alley over the right of way. And Mr. Schno, hello.
Um, Madame President, members of the city council, um, the requested vacation has to do with a portion of an alley that is located between lot 7, block 82 south
and lot 8, block 82 south. and the city council pro at your meeting a month ago received a petition from John Vorwick on behalf of Broadway Plaza South
uh making the request for this uh vacation. Um they are the owners of the property on either side of lot 7 and lot 8. And the city charter requires an abuing
property owner to petition for the vacation of a public right away. Now lot seven and 8 but former 17 South Street which was
previously vacated and is now owned and occupied by McDonald's. The proposed vacation would be 50 ft by 20 ft and would total 1,000 square ft.
Notice of the vacation request was provided to the two adjoining property owners. Staff would recommend approval of the vacation for the following reasons. Number one, the vacation would
facilitate future development of the property. Two, city and public utilities commission departments as well as local communication companies have no objections to the vacation. And three,
the area proposed for vacation is no longer needed for a public purpose. Conditions for the vacation, there are two. number one that the uh applicant would prepare a vacation plat and file
the plat and authorizing resolution with the Brown County Recorders Office. And number two, they would pay the vacation and application fee for a total of $475.
That's $250 for the application fee and $225 for the vacation approval fee. I would note on the monitor that um
this is the area that is proposed for vacation Broadway Minnesota for here 17 South Street. So imagine that coming through to here. This is McDonald's
and then this is a um strip mall with four businesses located at that location. A public alley will remain in place
from this point going to the north. That would conclude the um staff report. Thank you, Mr. Schno. Um, it looks like that is kind of patio seating that was probably kind of put out during CO. So, at that time, was
there a special permit for that area to build that in the alley? Uh, no, it was always public right away. It was public right away. So, they didn't need anything special or they should have gotten something and they didn't. I'm just trying should have gotten something and they didn't. Okay. I was just trying to
Many, many, many years ago. Yeah. Okay. They're being used. Yeah. Wanted to make sure I So, basically, Dave, we're just cleaning things up a bit, you know, just cleaning up the This is an area that they would like to put to um active use and it would
involve some construction and we advise them that at that point they should really get the public right away vacated. Okay. Thank you. Um, this is a public hearing, so if anyone would care to be heard, please
come to the microphone and state your name and address for the record. Um, the public hearing is open. Seeing nobody's coming to the mic and I don't want to stand in progress in the way of progress for this, I'll close the public hearing and offer the resolution approving with conditions the vacation
of that portion of alley located between lot 7, block 82 south of center street and lot 8, block 82 south of center street. Second. We do have a motion and a second. Any further discussion? Director Jorgensson, please call the
role. Councelor Christian, yes. Councelor Warma, yes. Councelor Schmidz. Yes. Councelor Mack, yes. President Becker, yes. That motion carries. Moving to section three, item 3.1 is a temporary on sale intoxicating liquor license for Brown County Agricultural Society.
Call up for a motion to approve the issuance of temporary on sale intoxicating liquor license to Brown County Agricultural Society to sell alcohol at the Brown County Fairgrounds, 1201 North State Street for the annual fall demo derby event, Saturday, October
4th, 2025. subject to compliance with all city and state requirements. Second. We do have a motion and a second. Any further discussion? Those in favor signal by saying I. I. I. That motion does carry. Um for item 3.2, I will pass the gavl to uh vice
president of the council, Mr. Wka. Um I will recuse from this as it relates to New Turnbine. Uh item 3.2 is the uh issuance of a tobacco license at uh Newm Turn 102 South State Street. Motion to approve
the issuance of a tobacco license for New Turnover 102 South State Street for the period beginning September 3, 2025 and ending June 30th, 2026 subject to compliance with all city and state requirements. Second. We have a motion and a second.
Uh What's the word? Sorry. Any addition? Any additional uh discussion? Uh motion passes. No creeped up on me. Um item 3.3 is a tree service license renewal.
For the motion to issuance of tree service license renewal for Randall's Tree Service Incorporated, Lake Crystal, Minnesota for the period beginning September 3rd, 2025, ending June 30th, 2026. subject to compliance with all city and state requirements. Second.
We have a motion and a second. Any further discussion? Those in favor signal by saying I. I. That motion does carry. Item 4.1 is a preliminary plot of Garden Terrace, second edition. Mr. Nicely. Actually, Dave will be speaking.
Oh, Mr. Schneick. Sorry. Madame President, members of the uh city council, um the applicant is Matt Gner on behalf of Garden Terrace Newm 2. It's an LLC.
The property that is being platted has a current legal description of outlot 178 except the northwesterly 370 ft and then lot one and lot two block one garden
terrace edition. I'll just briefly show you where those parcels are on the uh map here. So this is the existing lot one, the existing lot two. And this piece right here is
portion of out lot 178. Now um lot one is the current location of garden terrace one. Lot two is the current location of Garden Terrace 2 and
the portion of all lot 178 that we're talking about is currently vacant. Um the street addresses are 10,01, 10,11 and 10,21
North Garden Street. and those are assigned to either existing buildings or a future building site. Um the property is located west of North
Garden Street and south of Oak Street. Um the comprehensive plan designation for the property, Mr. Nisley will be reporting on that uh with the next um agenda item. Property is zoned R4 high
density residence district and that applies to the entire parcel of property that is being proposed for platting. the current site use. We've already talked about it, but that it's made up
of three parcels of u of property. Those three parcels of property equal 8.8 acres. The new plat would establish three new lots.
Um the exterior property lines of the existing parcel parcel of property would remain the same in the new plat but the configuration of the lots would change
slightly. And basically what would happen is the existing lot one and the existing lot two would lose a little bit of lot area and that would be added to
the um new lot two. So this is the new lot two. This is the new lot three. And this is the new lot one. So the property line would run like this
to this point. At this point go this way in this direction separating these two parcels and then it would continue in this configuration to this point and so this would be the new lot too.
Anybody have any questions about that? One minor question Dave that easement. So technically it'll actually run under the building up to the ne there's a thing on here about a 5ft utility easement per plat of garden terrace
first edition um you're going to have to be a little bit more specific as to location the existing utilities running off of north garden there's that I see a 5-ft utility easement would actually under the new proposed building
would go under the holding. Okay. It would be necessary for that to be vacated. Okay. That was my question why that's in there. All right. Thank you. It would have to be vacated. The um owner is proposing to construct
the 39 unit um threestory apartment building. So there has been a change in the number of units that are proposed for the building. It's my understanding that the owner wants to um convert more of the space for use as two-bedroom
units versus onebedroom. Um the building will provide housing for independent seniors, that is someone that's 55 or over. Um the existing and proposed buildings
comply with city um zoning standards for the R4 zoning district. Um the property lines between lots two and three and lots one and two cross the
paved surface of the parking lots and circulation roads that currently serve garden terrace one and two. And in order to accommodate
um those areas as um part of the new lot two, it will be necessary to have declarations put into place and a formal declaration establishes the
legal certainty and protects the rights and interests of the involved parties. So basically what would happen? While the property would be part of the new lot two, the parking lots would remain
in use by garden terrace 1 and garden terrace 2. And that was necessary in order to u meet the um required configuration for lot two. Since the
building for lot two is kind of long um on the property and what happened is in order to meet the required setback requirements the property line gets extended into
those parking lot areas. Um upon completion of the project, it is our understanding that the owner will uh transfer ownership of the property to Oak Hills Living Center.
Oak Hills at the present time is experiencing, you know, some financial issues and challenges faced by other greater Minnesota nursing homes and that this is uh one way to diversify
um their potential revenue sources and I believe there's someone here to speak to that matter as as well. The uh planning commission recom recommendation was uh to approve the preliminary plat with
conditions since it complies with city code requirements. There are four conditions. They are that number one they pay the parkland dedication fee of $3,150 for the plat. That's $1,50 per lot. They
will provide an electronic file of the plat in an AutoCAD 2016 or newer format. Number three, the resolution approving the plat will be filed with the Brown County Recorders Office. And number four, the applicant shall cause to be
recorded against the property contemporaneous with the recording of the plat declaration of easements and covenants in a form approved by the city addressing the rights and division responsibilities between the platted
lots with respect to the parking lot encroachments. And that is the declarations section of the um of the document that uh this is referring to. And I might
note that that statement was prepared by the city attorney. That would conclude the staff report. One more question, Dave. So that simple 5- foot utility easement has to come back to us. Yes. Technically, we can't add it in this
evening or you. No, I get it. I get it. Well, you have to maybe check with the city attorney and see what he has to say. It's I mean another month process of hold. Will they need to put a water retention
pond of any sort in with all this parking lot structure or is that not needed? Madam President, city councilors uh as part of their development plan. Yes. Pond is required and is being proposed by the developer for the new building site.
Gotcha. Yeah. If you um look at there should be some materials uh in the agenda packet, but the I didn't see it in there. Building sits here, parking is here and there's a pond right here.
So, this road gets moved over here. So, that that's what allows sufficient space for the uh for the pond. Sounds good. And I just want to make sure kind of I'm understanding kind of the flow of all of
this. Um, so the developer that owns the land is going to build um multi- housing like two-bedroom apartments that will be given to Oak Hills to subleasase and then they are using like I'm just I'm
curious like is Oak Hills buying the building or like doing the development? I just I guess I just had some questions about you know Yeah. how they what you know ju just one thing I want to add. It's a it's a combination of one and two bedroom units. Okay.
I think I'll let one of you want to come on up. I mean just cuz this is a big development and I would hate to see anything not kind of go as planned and so um if I'm going to approve this I just want to make sure it's you know there's a flow to it.
No it's a good question. Uh good afternoon. My name is Jay Scott. So I'm with Rebound Real Estate, the development company. Um, so what our arrangement is with Oak Hills and of course we've been working with them since we acquired the property back in March 31st. And we are going to lease the property
to them initially, but they will have a right to purchase the property from us at a defined price in that lease agreement. So they'll be able to exercise that right when they're financially capable or ready to do that. And so we've had those conversations consistently with them. So, our lease allows us to help facilitate the
financing and the construction of the facility on their behalf and that sets it up to put them in a position to ultimately own the facility in the future. Perfect. That does make sense and that was something I you know I mean it doesn't I mean it shouldn't matter but you know for something like this it's
nice to know kind of what the plan is to transition. So, thank you. No other comment. I'll make a motion to approve with conditions the preliminary plat of Garden Terrace, second edition, located at 101 uh 101 and 1021 North Garden Street.
Second. Thank you. We have a motion and a second. Any additional discussion? Uh my discussion point or uh just a statement is I'm pleased to see that this project is progressing. One of the things early on was uh consideration
being given to Oak Hills and I'm pleased to see that Rebound and Oak Hills are partners in this project and certainly it looks like in the future it'll be a way for Oak Hills to be sustainable which is what we all are hoping for. So thank you to Rebound for that
consideration and I know others in the room who are working toward that. So appreciate all the efforts to realize the potential between the two. I appreciate that and the investment in the community as well. Thank you. Any
other comments? Those in favor signal by saying I. I. I. That motion does carry. Moving on to item 4.2 will be a comprehensive plan amendment. And for this we have Mr. Nicely. Hello. Good evening, council president,
counselors. Um, Mr. Schno just gave a a pretty good uh and detailed overview of what this project uh um is is looking like for Garden Terrace 3. So, if it's okay with the council, I'd like to skip some of the background regarding the
location um addressing all of that kind of thing. Thank you. Go ahead. Okay. Um so uh again the um garden terrace uh 3 being proposed um the developer is
proposing uh to construct a 39 unit senior apartment housing project. Uh this housing project will provide for senior independent living that could have additional services tied to it. Um, I would note that with this project,
uh, the developer is proposing enough parking stalls for each unit in the apartment, uh, to be covered. So, there'll be covered parking for all the residents. There'll also be additional stalls, surface parking outside between the building and Garden Street.
Um our comprehensive plan which was adopted in 2024 designates this property as medium density residential. Um the medium density residential land use designation allows for uh the property
to be developed up to 12 units per acre. So at um 2.68 68 acres. Um uh this and uh 39 units the density for this project would be 14.5 units per acre. So
therefore over medium density and that's why we're coming to the council and went to the planning commission to change the density from medium density to highdensity residential. So, a little further background or more information on this piece of property in particular,
which has been vacant for quite some time. In 1996, uh this was designated as low and high density residential according to the comprehensive plan. In 2007, it was high density and then in
2024, we went back uh to medium density. Partially the reason we did that was because this site had been looked at a number of different times for development. The soils are tough to work with. They're mucky pey. Um and at at in
the past there hasn't necessarily been the tech construction technology to construct something on the site at an affordable rate. Well, construction technology has come along uh quite a bit now and we have a development team that thinks they can uh make high density
work on this site. That's why we're back here. Um I would note that the zoning for this site is R4. It's already correct. It's highdensity residential. Um, so really the the main thing we need to do here is change the comprehensive
land use designation from medium density to high or sorry from medium density to high density. I would also note that when the EDA sold the property to Rebound Partners, there was a provision in the purchase agreement that the developer after purchasing the property develop residential housing on the site
within 5 years of of signing the purchase agreement. Um, I would note that we haven't received any comments from the uh from the public regarding this project. We haven't received any letters uh or anything like that. Uh, the planning commission last Thursday
unanimously approved the project uh with one condition and that uh condition is that the applicant uh/owner will pay the cost to record the necessary documents with the Brown County Recorders Office. That would conclude the staff report. Mr. Nicely.
M. Madame President, counselors, I'd like to uh offer a resolution to approve the petition of Matt Gatner on behalf of Garden Terrace Newm LLC to amend the city's comprehensive plan to allow highdensity residential land uses in
places of medium in place of medium density residential land uses for the property legally described as outlot 178 except the northwesterly 370 ft and generally located at 1,11
North Garden Street. Second. Thank you. We do have a motion and a second. Any additional discussion? Director Jorgensson, please call the role. Councelor Christian, yes. Councelor Wormka, yes. Councelor Schmidz, yes. Councelor Mack, yes. President Becker,
yes. That motion does carry. Thank you very much. Moving on to old business. Item 5.1 is a Mindot Office of Aeronautics Supplemental AIG Grant Agreement. Mr. Stoddheim. All right. Thank you, Madame President. City councilors, as you may recall, at a
past meeting, the council uh accepted the grant agreement from the uh federal government for these uh for this set of projects at the airport. So, as a reminder, this is for the airfield apron expansion project um related to the new
fuel system construction. Uh those federal grants uh funded the project at 95%. So these supplemental state grants um both of the uh this agenda item and the next cover uh an additional 2 and a
half% of that project cost. Um reason there's the AIG and AIP grants is to make the funding worked so we can um get this project wholly funded at the um 97 and a half uh and 2 and 12% uh cost
share between our state and federal partners. be happy to answer any questions you may have. Now, I asked this question the last time to the city engineer, this should be it, right? For Okay, so for the apron expansion portion of the project, but there's many
more to come, right? The cross with crosswind and land acquisition and uh the fuel system itself. Right. I'm going to offer the resolution approving MIDOT Office of Aeronautics grant agreement number 10610006
for airport improvement project A801-84 for the new all municipal airport and authorizes city manager and finance director to execute the grant offer and any grant agreements. Second. We do have a motion and a second. Any further discussion? Director Jorgensson, please call the
role. Councelor Christian, yes. Councelor Wut, yes. Councelor Schmidtz, yes. Councelor Mack. Yes. President Becker. Yes. Motion carries. Moving on to 5.2. Mindot office of aeronautic supplemental
AIP grant agreement. Madame President councilors uh same thing just the other uh funding mechanism. Madame President and counselors, I'd like to offer the resolution approving Mandot Office of Aeronautics Grant Agreement number 10610007
for airport improvement project A0801-86 for the New Municipal Airport and authorize the city manager and finance director to execute the grant offer and any grant amendments. Second. We have a motion and a second. Any further discussion? Director Jorgensson,
please call the role. Christian, yes. Councelor Worm, yes. Councelor Schmidz, yes. Councelor Mack, yes. President Becker, yes. Motion carries. Item 5.3 is to set a public hearing date for a noise variance for New Chamber of Commerce October Fest.
Call for a motion to schedule public hearing for Tuesday, September 16th, 2025, 4:30 p.m. for a request for the Newm Chamber of Commerce for a noise variance to permit amplified sound music during October for the following Friday,
October 3rd, 2025 from 3:00 p.m. to 11:00 p.m. on Minnesota Street in front of BNL Bar between First North and Center Streets and Saturday, October 4th, 2025 from 3:00 a.m. to 11:00 p.m.
on Minnesota Street in front of Beanill and between First Nor Streets and Center Streets from 10:00 a.m. to 5:00 p.m. on Center Street from Broadway to Minnesota Street intersection. For I second that 3:00 a.m. should be 3 p.m. p.m.
and I'll second correction. Thank you. We do have a motion and a second with the correction to 3 p.m. Any additional discussion? Director Jorgensson up. Those in favor signal by saying I. I. I. That motion does carry. Um, under new business, we have the 2024
and 2025 delinquent water, wastewater, and storm water assessments. Motion to approve establishing the special assessments for 2425 delinquent water, wastewater, and storm water assessments. Set a public uh date for public hearing on Tuesday, October 7,
2025 at 4:30 p.m. in the city hall council chambers. Second. We have a motion and a second. Any further discussion? Those in favor signal by saying I. I. That motion does carry. 6.2 is the 2024 2025 weed, tree, snow,
and debris removal assessments. I'll make a motion to approve establishing the special assessments for 2024 2025 weed, tree, snow, and debris removal charges and set date for a public hearing on Tuesday, October 7th, 2025 at 4:30 p.m. Second.
We have a motion and a second. Any further discussion? Those in favor signal by saying I. I. Motion carries. Item 6.3 is a school resource officer agreement. Chief, good evening, Council President Becker, members of the
council. Um, in front of you is just a school resource officer agreement contract with District 88. This is an annual renewal. There's absolutely no language that's been changed other than the dates.
there's any questions, I'll certainly entertain them. Otherwise, that's the end of my staff report. Thank you. And I know there were some changes to the agreement last year, but this is kind of the same thing that came to us then. It it was there was significant changes last year simply because there was some
changes at the state level regarding school resource officer um for departments that had them. This has there there's been nothing changed since. The reason we used to do three-year contracts, the reason we're doing annuals, just because we're
expecting changes as time goes on, just as far as the the evolution of the program, but at this point, there's been nothing within the last year. Thank you. A motion to approve the school resource officer agreement between the city and
all acting through its police department and independent school district 88 for one school year commencing with the beginning of the 2526 school year to manage the school resource officer program and authorize a city manager sign the contract on behalf of the city of NM. Second.
We have a motion and a second. Any further discussion? Those in favor signal by saying I. I. I. That motion does carry. Thank you. Thank you, Chief. Item 6.4 is an airport snow removal contract. Madam President, city councilors, um our
previous contractor at the airport that took care of our snow removal duties notified the city that they'd be terminating their contract um during at the end of this last uh snow plowing season. So with that, we uh advertised
and solicited uh proposals from contractors to perform that services, those services at the airport. Uh we gave contractors a couple different options of how to do that work. We do have city supplied equipment at the airports. We have a city supplied snow
plow and a city supplied uh tractor with a snow blow snow blower attachment on it. Um so the contractor has the options to utilize the city equipment for those uh uh operations as well as bidding on the work um utilizing your own equipment
u with a pickup plow skid loader and front end loader. The four proposals that we received are uh included within your agenda packet. Um there was um a slight variance uh with the snow pros uh
proposal. Overall, their per hour cost was the lowest submitted, but they required a $32,000 minimum retainer um for their services regardless if we used those hours or not. So, it is staff's recommendation to enter in the contract
with Square Construction um at uh the rates listed within the packet here today. Again, those are city equipment at $85 an hour. And then a pickup plow at $125 per hour, $150 per hour for skid loader, and $225 per hour for a
front-end loader, but they do not have the minimum retainer noted within their proposal. Um, if we use the last couple years as as a baseline for snow removal, um, you know, in the grand scheme of things, we had very few hours utilized uh at the
airport. So with that, we feel it's uh in the city's best interest to utilize square construction. Thank you very much. And I will say from experience, there are more um snow removal companies that are going to this type of retainer. So it's more difficult to find somebody that's willing to
charge you for the work just that they do. So um that would be my comment. We're due for a big snowfall. So let's get somebody uh locked in. And so I'll make a motion to approve the contract with Square Construction LLC to provide snow removal services at the New Municipal Airport in the amount of $85
an hour for city equipment, 125 per hour for pickup plow, 150 an hour for skid loader, 225 an hour for loader, no minimum retainer. Second. We have a motion and a second. Any further discussion? Those in favor signal by saying I. I.
That motion carries. Item 6.5 is a Minnesota Music Hall of Fame lease agreement. Um, this is a lease agreement we do every 5 years or so. Um, no changes, just um, extending the contract for another five years. So, it'll be uh,
before you again in 2030. Well, I'm going to offer a motion to approve the lease agreement with Minnesota Music Hall of Fame for a 5-year period beginning October 31st, 2025 to October 31st, 2030 under the
terms and conditions outlined in the set agreement. Second. Thank you. We have a motion and a second. Any further discussion? Um I was just curious if there was any big changes to the lease agreement prior to last time. Okay.
All right. Um those in favor signal by saying I. I. That motion does carry. Um item 7.1, a report of claims paid. Make a motion to accept the list of claims paid in the amount of 5,364,232.30. 30 cents. Second.
We have a motion and a second. Any further discussion? Those in favor signal by saying I. I. I. That motion does carry. Um at this time, the council will be moving into a closed session. Um the new city council will go into a closed
session to develop or consider offers or counter offers for the city's sale of personal property consisting of naming rights to the recreation center at 122 South Garden Street. Um this is uh an open uh an exception to the opening
meeting law um requiring the discussion of purchase of real estate property subject to the public bodies authority and it is allowed by Minnesota state statute 13D.05 subdivision 3C3. Thank you.