Zumbrota, MN 

Bridging the Past and the Future

November 6, 2003 Council Minutes


REGULAR MEETING           NOVEMBER 6, 2003   6:00 P.M.           TOWN HALL


Pursuant to due call and notice thereof, Mayor Rich Bauer called the Zumbrota City Council to order at 6:00 p.m.  PRESENT: Mayor Bauer;  Councilmembers David Benson, Doug Borgschatz, Betty Jo Grothe, Deb Wilkinson.  Others present:  City Administrator Ron Johnson, City Accountant Mary Rohe, Public Works Director Rick Lohmann, Community Development Director Angie Bersaw, City Attorney Matt Rockne, Reporter Sandy Hadler and others as per the attached sheet.


The meeting opened with the Pledge of Allegiance.




It was suggested to add agenda item 7e- Golf Course project- 1) Set tax abatement hearing, and 2) Set business subsidy hearing, and 8b-  County Commissioner report (Jim Bryant).

            Motion Grothe, second Borgschatz to adopt the agenda as amended.  Carried 5‑0‑0.




Motion Benson, second Grothe to approve the October 16, 2003 regular meeting minutes.  Carried 5‑0‑0.




Motion Wilkinson, second Borgschatz to approve the accounts payable of $277,762.39.  Carried 4‑1‑0 (Benson opposed).




1.  There were no comments from the public.




1.  County Commissioner Jim Bryant was present to update Council on several items at the County level.  He informed Council that 1) the comprehensive plan update project is nearing completion, 2) the Highway 58 update near Red Wing is almost finished, 3) the Commission is currently reviewing their 3rd draft of the 2004 budget, 4) they are in the process of hiring a Public Health Director, and 4) the County's Truth-in-Taxation hearing is scheduled for 7:30 p.m., December 4.   




1.  There was nothing to report on the 5th Street West/Jefferson Drive Storm Water Study.


2.  Police Chief Selness, upon review of Council's request to look at the placement of a stop sign on 2nd Street West, suggested that stop signs be placed at the intersection  of Warren Avenue and 2nd Street West.  Council concurred.

Motion Benson, second Grothe to install stop signs on 2nd Street West, at its intersection with Warren Avenue.  Carried 5-0-0.




1.  6:15 p.m.-  Mayor Bauer opened the public (improvement) hearing to consider the St. Paul Road Public Improvements Project.  Administrator Johnson stated that Council received a petition for water, sewer and street improvements from Al and Carol Schumacher earlier this year.  A feasibility study was subsequently ordered and reviewed.  Yaggy Colby was instructed to complete plans and specifications.  At one of these earlier meetings, it was suggested to expand the proposed sanitary sewer service territory to include additional businesses/parcels that either are served by septic tanks or are completely unsewered.  Bill Anderson, Yaggy Colby Associates, reviewed the components of the project, and briefly described the method(s) used for determining the preliminary assessment amounts.  He stated that the water main would extend beyond the immediate service area and tie into the water main on the other side of Scott Creek.  This portion of the water main would not be directly assessable within this project area.  Mr. Anderson stated that as more than one acre of land would be disturbed, the MPCA will require a sediment pond.  This is proposed to be located on the city property located on the north side of the St. Paul Road.  He also stated that he could look at the possibility of installing a grinder pump lift station that would be less expensive than the system included in the proposed estimates.  Administrator Johnson stated that state law allows for deferred assessments in certain situations.  He also stated that property ownership on the north side of the St. Paul Road is still unclear.  Questions/ comments/concerns included the following:

-Concern for having standing water in the sediment pond (mosquitoes, safety)

-Although the bridge on St. Paul Road would remain closed to vehicles, should the trail access be allowed to continue?

-As rock excavation adds to the price of the project, it was questioned by a business owner on Jefferson Drive, it the project could be split into two components- a St. Paul Road project, and a Jefferson Drive project that would connect to the sanitary sewer main near the 1st Street West/Jefferson Drive intersection (with a separate lift station being constructed)

-It was questioned whether or not this project would include any stormwater work, as standing water gets to be a problem on Jefferson Drive (nothing planned in this area)

-Steve Zielsdorf wanted a guarantee that he would be able to build a new home in the future if he was to assume the assessments proposed for his parcel (no guarantee could be made as federal law dictates floodplain regulations;  It was stated, however, that assessments can be cancelled if a lot is found unbuildable)

-Can a corner lot that already has street and curb & gutter on one side be assessed for street and curb & gutter improvements on a second side?   (Administrator Johnson will check on this)

-Doug Matthees, Matthees Oil, stated that he doesn't want sanitary sewer extended to his parcel

Administrator Johnson stated that property ownership should be cleared up while plans and specifications are being completed.  He asked Isenbergs if they were willing to meet with staff to discuss this further.  Isenbergs suggested that their attorney be contacted to discuss.  Mayor Bauer closed the hearing at 7:28.


The meeting was recessed at 7:29, and called back to order at 7:39.






3.  Bill Anderson, Yaggy Colby, presented the results of the water distribution study his firm was directed to complete.  They completed fire flow testing and computer modeling of the existing system.  The study doesn't include a review of the supply and storage portions of the water system.  The modeling and fire flow testing shows that the majority of the system provides adequate fire protection.  There are small pockets, however that fall below the recommended  and minimum fire protection flow for residential areas (500 gpm minimum, 750 gpm recommended).  The Pleasant Avenue area is the largest pocket of inadequate flow.  Replacement of 4" water mains in this area when rebuilding streets is recommended.  An interim "quick" solution would be to connect an 8" water main from this area to the Bigelow Second Subdivision, almost doubling the available fire flows.  He said Council should consider installation of an 8" water main on Mill Street from 2nd Street West to 1st Street West.  He said that there are other small areas where improvements could be made, but these could wait until street projects or development projects make them more cost effective.  He concluded by commenting that the city should consider installation of new hydrants where inadequate hydrant spacing exists, and should replace hydrants that are too old or are of inadequate size or design. 


4.  Councilmember Borgschatz informed Council that he has been contacted related to the  downtown parking restrictions approved at the last meeting.  He said that he would like to see the restrictions apply only to Main Street, and then, perhaps, only between certain hours.  He added that there may be additional parking issues that will need to be addressed in the alley behind the 200 (West) block of Main Street.  It was suggested that if there is an interest in downtown business owners to have Council modify what was approved, they should put together an alternate plan and make the proposal at a future Council meeting.  Administrator Johnson said that the program would be implemented in the spring after the new signs have arrived and sign posts can be installed in the sidewalks.  He said he will hold off on ordering signs for a while in case modifications to the program are made. 


5.  It is necessary to conduct a public hearing on the use of tax abatement for golf course improvements, and to conduct a public hearing on the proposed business subsidy to the Zumbrota Golf Club.

Motion Wilkinson, second Borgschatz to adopt Resolution 2003-34, a resolution calling a public hearing on the approval of a tax abatement resolution for the purpose of funding golf course improvements, for 6:15 p.m., Thursday, December 4, 2003 at city hall.  Carried 4-0-1 (Benson abstained). 


Motion Grothe, second Wilkinson to adopt Resolution 2003-35, a resolution calling a public hearing on the proposed business subsidy to the Zumbrota Golf Club for 6:20 p.m., Thursday, December 4, 2003 at city hall.  Carried 4-0-1 (Benson abstained).   


NEW BUSINESS (Continued)


2.  Administrator Johnson presented the following information in a memo to Council:  "Don and Pat Webster, 120 Walnut, are moving from their house along CSAH 6 to a new house directly to the east.  They have sanitary sewer access to a manhole near the front of this lot.  However, the nearest water availability, excluding tying into the existing well on the 120 Walnut property, is the new water main on the west side of CSAH 6 (6).  In order to connect to this main, the Websters have to run a service line from this house to the east side of 6, under 6, and then tie the service line into the main on the west side of 6.  This is a fairly large expense, especially considering they have already paid $750 on their building permit for a water connect fee.  After a bit of discussion related to the cost of this, I told Gerry Webster I would propose the following to the City Council:  Websters pay for the cost of the entire installation of the water service line discussed above.  The cost of going under CSAH 6 and tying into the water main (I estimate at $1,500 to $2,000)- would be decreased from a future special assessment (for water)(on this parcel only) in the event a water main is installed along Walnut Street.  I felt that this was a fair way to handle this, but would need your approval.  You could have Matt Rockne draft an agreement for your review for the next regular meeting if you would like."  It was suggested to plan for the installation of a new hydrant on the east side of CSAH 6  for fire protection.

Motion Grothe, second Benson to direct the City Attorney to draft an agreement with Don and Pat Webster related to the cost of installation of a water line under CSAH 6.  Carried 5-0-0.




-City Administrator-

-Informed Council that Rick Lohmann and he met with the owners of Quality Window & Siding, 319 East Avenue, to discuss a water problem the business is having with their building.  There is no curb & gutter on the north side of the building (on 3rd Street East) and the water from the street flows to the north side of the building, onto their sidewalk and then runs inside the building.  They would like to work with the city on a project that would include the installation of curb & gutter, removal of sidewalk, and placement of landscaping (grass) between the curb & gutter and building (approximate distance of 7 feet between the building and curb & gutter).  They propose to pay for the sidewalk removal and the landscaping installation if the city pays for the curb & gutter.  Johnson stated that this would provide additional diagonal parking spaces for the downtown area.  Council was asked to review and consider at the next regular meeting. 


-Mayor Bauer-

-Reminded Council of the County's Comprehensive Plan Open House at the Library on 12/20.


Mayor Bauer adjourned the meeting at 8:41 p.m.




                                                                                    Ronald S. Johnson, City Administrator


City of Zumbrota; 175 West Avenue; Zumbrota, MN 55992