CITY OF ZUMBROTA COUNCIL MEETING MINUTES
FEBRUARY 7, 2008, 6:00 P.M.
Pursuant to due call and notice thereof, Mayor Rich Bauer called the Zumbrota City Council to order at 6:00 p.m. PRESENT: Mayor Rich Bauer; Council members Doug Borgschatz, Bill Eberhart, Michael Feil, Betty Jo Grothe. Others present: City Administrator Neil Jensen, Public Works Director Rick Lohmann, Community Development Director Dan King, City Accountant Kim Simonson, Police Chief Gary Selness, City Attorney Matt Rockne, City Engineer Bill Angerman, Library Director James Hill, NewsRecord Reporter Sandy Hadler, Jeff Perra, Tony Bigelow, Marlene Scott, Wayne Fogelson, Carol Jackson, Josh Richardson, Nancy Richardson, Brian and Sean Adams.
The meeting opened with the Pledge of Allegiance.
AMENDMENTS/ADOPTION OF AGENDA
Motion Feil, second Grothe to adopt the agenda. Approved 5-0-0.
Motion Feil, second Eberhart, to approve the regular meeting minutes of January 17, 2008. Approved 5-0-0.
Motion Borgschatz, second Grothe to approve the accounts payable of $67,285.26. Approved 5-0-0.
Ponderosa Mobile Home Park Partial Closing
The public hearing regarding the Ponderosa Mobile Home Park partial closing opened at 6:04 p.m. Residents in the part of the park which has been sold will have the opportunity to relocate to another area within the mobile home park at no cost. Five residents were present from Ponderosa as well as Tony Bigelow representing Bigelow Enterprises. Arlene Scott asked if their addresses could remain the same. Mr. Bigelow was unsure if this could happen but Dan King pointed out the address system was used by EMS and other services. This means a new address would have to be utilized when the trailers are moved.
Scott also asked if water/sewer and garbage would be included in the lot rent. Currently there is one meter and one garbage service for the mobile home park. The services are included in lot rent. Bigelow assured the residents that these issues would be addressed and invited them to schedule individual meetings with Bigelow to discuss any concerns. The public hearing was closed at 6:14 p.m.
7-a Lindhart Predevelopment Agreement
City Engineer Bill Angermann reviewed the Lindhart property to check the storm water easement. He stated if there are no current problems there should be none in the future.
Motion Eberhart, second Grothe to approve the Lindhart Predevelopment Agreement. Approved 5-0-0.
7-b Town Hall Rental Policy.
The Council discussed the Town Hall rental policy which city staff had put together. Councilmember Feil had question regarding business usage of the facility. Mayor Bauer stated businesses could use the hall for organizational meeting but not for sale purposes. Feil also had concerns about religious groups using the room. He would like the policy more wide open. The Council would like to look at this further and will address it at the next meeting.
7-c Police Taser Policy
The Taser Policy, which had been presented at the previous City Council meeting, was brought back to the Council with a change on the last page, Item 14D: “The Zumbrota City Council or its appointee may review Taser use or deployment when deemed necessary and when legally available according to Minnesota Statutes”.
Councilmember Borgschatz said he was confused as to why tasers were on the same level of force as aerosol sprays. Chief Selness told Borgschatz this information was from the League of Minnesota Cities. There were also some questions about off-duty use by officers. City Attorney Rockne interjected the moonlighting policy of the City can and should address this. If there are changes to be made it should be done through this policy.
Councilmember Eberhart asked Jensen why the new addition to the policy did not name the City Administrator specifically as the appointee. Jensen explained he had left the verbiage vague in order to allow the Council more latitude in appointments. Eberhart also said he is in favor of the City establishing a police commission. After further discussion Eberhart said he would be comfortable with Jensen looking into any taser incidents until some type of commission is established. It was recommended that the appointees of the council be the Mayor and City Administrator and installed in the policy.
Motion Grothe, second Borgschatz to approve the Police Department Taser Policy as amended in 14-D. Approved 5-0-0.
8-A. Appoint Matt Rockne Neutral Third Party in Ponderosa Closing
Motion Grothe, Second Borgschatz to appoint Matt Rockne as neutral third party in Ponderosa Park closing. Approved 5-0-0.
8-B. Goodhue County CIS Consortium Review
Chief Selness spoke about the Goodhue County CIS Consortium. It was established in 2004 and has been up and running since 2005. The City operates in conjunction with the Goodhue County Sherriff’s Department, Red Wing Police Department and other cities to improve communication about possible criminal activity and records. The Consortium is asking the Cities to pay fees based on the number of ICRs. Although the cost will vary based on the number of ICRs, the fees are estimated to be at approximately $1,000 per year. Selness told the Council a County Officer could come to the next meeting to explain the matter further.
8-C. Ordinance 2008-01 Regulating the Right of Way Review
The Council was presented with ordinance 2008-01 Regulating the Right of way review. Mayor Bauer asked Council members Feil and Borgschatz to look at the ordinance further before approval. Feil said he likes the County’s permit and asked city staff if they could get a copy of that permit for the Council to review.
8-D. Resolution 2008-04 Approving Plans and Specs and Advertisement for Bids
Bill Angermann presented the Council with the plans for the Warren Avenue project. He gave the following timeline:
Bids Received by March 3
Bids acted upon by March 6
Project start after June 2
Intermediate Completion of August 29
Final Wear Course by June 12, 2009
1030 feet of water main will be replaced. 250 feet of 6 inch sanitary sewer will be replaced by 8 inch pipe. Some trees will need to be removed. Angerman would like to have another public meeting after the contract is awarded in order for the residents to meet the contractor and look at the timeline.
Motion Grothe, second Feil to approve Resolution 2008-04 Approving Plans and Specs and Advertisement for Bids. Approved 5-0-0.
8-E. Window Treatment Bid Approval
The City Hall is in the process of crack repair and repainting. In the process of repair it had been decided to look at trimming out the interior of windows in the Police Department and City Hall. One window has been completed. An estimate of $2695 had been received from Thompson Taping and Drywall to do the work. After Councilmember Eberhart had looked at the bid he suggested that a solid maple wood be used for the project rather than the veneer in the original quote. This will increase the bid from $2695 to $3060.
Motion Borgschatz, second Grothe to approve the window treatment bid. Approved 5-0-0
8-F. 2008 Scheduled Budget Transfer
City Accountant Kim Simonson asked the Council to approve the following transfer:
2006B GO Bonds $56,000
Infrastructure Fund $56,000
Motion Eberhart, second Grothe to approve the fund transfer. Approved 5-0-0.
8-G. Approve 2008 On and Off 3.2 Beer and Set-up License
The following licenses were up for approval:
ON Sale 3.2 Percent Malt Liquor License - $100
Off Sale 3.2 Percent Malt Liquor License - $20
Motion Borgschatz, second Eberhart to approve the 3.2 and set-up licenses for 2008. Approved 5-0-0.
City Administrator Neil Jensen
Reported he and Dan King will be attending a meeting in Red Wing on February 23rd. Any interested Council members are invited to attend.
Mayor Rich Bauer;
Reported he had attending a SE Minnesota League meeting in Pine Island with Administrator Jensen and Councilmember Eberhart. The meeting addressed branding and what a city can do to promote itself. He had also attended the Highway 52 meeting and had been approached to see if anyone from the City would be interested in going to Washington to lobby for Highway 52. The trip to Washington would be June 10-14.
Council Member Doug Borgschatz;
Complimented the City Street Department on their fine work in keeping the streets clean during the recent snowy weather. He said he had received compliments from the public. Borgschatz also informed the Council about the Park Board’s plans for the year. The Park Board would like to look at Ball Field Bathroom/Concession area, permanent campsites and the swimming pool bathhouse floor.
Council Member Michael Feil;
Said Senator Murphy had been going to attend the Council meeting but had injured his back. He will attend at a later date. Feil also voiced concerns about the narrowing of the streets because of heavy snows. He felt perhaps parking should be restricted on some of the narrower area streets.
Meeting adjourned 7:15 p.m.
Neil Jensen City Administrator