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Zumbrota, MN 

Bridging the Past and the Future

March 18, 2004 Council Minutes

                         CITY OF ZUMBROTA CITY COUNCIL MINUTES

REGULAR MEETING      MARCH 18, 2004   6:00 P.M.           TOWN HALL

 

Pursuant to due call and notice thereof, Acting Mayor Deb Wilkinson called the Zumbrota City Council to order at 6:00 p.m.  PRESENT:   Council members David Benson, Doug Borgschatz, Betty Jo Grothe, Deb Wilkinson.  ABSENT:  Mayor Rich Bauer.  Others present:  City Administrator Ron Johnson, City Accountant Mary Rohe, Public Works Director Rick Lohmann, City Attorney Matt Rockne, Police Officer Warner Collette, Reporter Sandy Hadler, Ken Magnuson, Tom and Barb Webster, Gerry Webster, Don and Pat Webster, Ernie Kempf, Bill Budensiek, Bob Eppen, Fran Hoven, Fred Groth, Conway Jacobson, Jim Wedge, Brian Haugen, Brad Hegseth.

 

The meeting opened with the Pledge of Allegiance.

 

AMENDMENTS/ADOPTION OF AGENDA

 

It was suggested to add agenda item 8l- Great River Energy Bicycle Festival.

            Motion Grothe, second Borgschatz to adopt the agenda as amended.  Carried 4‑0‑0.

          

MINUTES

 

Motion Benson, second Grothe to approve the February 28, 2004 special meeting minutes.  Carried 4‑0‑0.

 

Motion Grothe, second Borgschatz to approve the March 4 regular meeting minutes.  Carried 4-0-0.

 

ACCOUNTS PAYABLE

 

It was noted that the repairs to the street sweeper exceeded the approved amount by $100.

Motion Borgschatz, second Grothe to approve the accounts payable of $45,564.21.  Carried 4‑0‑0.

 

PUBLIC COMMENTS

 

1.  Gene Peterman expressed his concern that the townhome lots in Zumbro Woodlands and Highlands of Zumbrota are not available for sale to the general public.  He said that seems unfortunate.   

 

UNFINISHED BUSINESS

 

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

 

2.  There was nothing to report on the St. Paul Road Public Improvements Project.

 

3.  There was nothing to report on the agreement with Don and Pat Webster related to the cost of installation of a water line under CSAH 6.

 

4.  There was nothing to report on the brush site usage.

 

5.  There was nothing to report related to the Central Goodhue County Community Service program financial request.

 

6.  At the last regular meeting, Council discussed the application of JEK Developers for a Planned Unit Development (PUD)/Conditional Use Permit (CUP) to construct housing on Lots 1-12 and the southerly 60 feet of Block 3, Park Addition.  It was requested to place this item on this meeting agenda, as JEK wanted to discuss the possible construction of a fence by MN/DOT within the highway right-of-way on this property.  JEK discovered that the fence would not affect this area.  The Planning Commission recommended Council approval of the PUD/CUP as a PUD-HDR (High Density Residential). 

Motion Grothe, second Borgschatz to accept the recommendation of the Planning Commission and approve the application of JEK Developers for a Planned Unit Development (PUD)/Conditional Use Permit (CUP) as a PUD-HDR (High Density Residential) to construct housing on Lots 1-12 and the southerly 60 feet of Block 3, Park Addition.  Carried 4-0-0.

     

PUBLIC HEARINGS/MEETINGS

 

1.  6:15 p.m.-  Acting Mayor Wilkinson opened the hearing to consider the Kenneth & Lois Magnuson application to annex approximately 6.06 acres of Sugarloaf Estates.  Administrator Johnson explained that the joint resolution proposed would only “designate” the property for annexation.  A subsequent resolution would be needed to actually annex the property.  Tom Webster, on behalf of the Don, Tom and Gerry Webster families, read a letter expressing their concern of the potential annexation.  The major concern expressed was the property’s proximity to the Webster’s feedlot.  The letter stated that Goodhue County will likely be adopting new feedlot rules, and suggested that setbacks under 500 feet from feedlots not be allowed.  Mr. Magnuson stated that the proposed houses would be well over 500 feet away from the feedlot.  Bob Eppen, Goodhue County Fair Board President, stated that the Fair Board does not want any of their property disturbed while water and sewer mains/lines are being constructed.  Acting Mayor Wilkinson closed the hearing at 6:45 p.m.  Council member Benson felt the proposal was not worthwhile as the city would have an additional 660 feet of street to maintain.  Mr. Magnuson mentioned that the street was resurfaced last year.  In general, Council members wanted some time to consider the application, and Administrator Johnson was requested to place the item on the next regular meeting agenda.

 

NEW BUSINESS

 

1.  Henry Walker and Adam Schmidt were present to inform Council of the Great River Energy Bicycle Festival and Nature Valley Grand Prix on Saturday, June 12, 2004.  This professional bike race is scheduled to come through Zumbrota.  They stated that this event would include athletes who will be competing in the Summer Olympics in Athens, Greece.  Although the amount of time the racers will be in the city will be brief, the race route will need to be marked with no parking from noon to 4:00 p.m.  The “Race” will have approximately 30 volunteers to assist within Zumbrota.  It was requested that the city have the bike route swept (within Zumbrota), provide police assistance, and provide some barricades. 

Motion Grothe, second Borgschatz to approve the city of Zumbrota as a part of the bike route for the Great River Energy Bicycle Festival and Nature Valley Grand Prix on Saturday, June 12, 2004 and to approve to have the bike route swept within Zumbrota, to provide police assistance and provide some barricades for the event in Zumbrota.  Carried 4-0-0.

 

2.  Brian and Melissa Haugen requested approval of a Conditional Use Permit Application as required by Section 14, C-2 District, Subd 4 B- Commercial Car Washes to facilitate the construction of a full and self-serve truck/RV/trailer/car wash.  Mr. Haugen presented a site plan including driveway locations, detention pond location(s), landscape plan, parking locations and planned setbacks.  The Planning Commission recommended approval of said application.  The Haugens, and Conway and Kathy Jacobson, submitted an application for a minor subdivision to facilitate the splitting of an approximate 2 acre parcel (for this truck wash project) from an approximate 30 acre parcel. 

Motion Grothe, second Benson to accept the recommendation of the Planning Commission and approve the Conditional Use Permit Application as required by Section 14, C-2 District, Subd 4 B- Commercial Car Washes, to facilitate the construction of a full and self-serve truck/RV/trailer/car wash.  Carried 4-0-0.

 

Motion Grothe, second Benson to approve the Minor Subdivision application of Brian and Melissa Haugen and Conway and Kathy Jacobson for the parcel with the following description:  That part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 109, Range 16, Goodhue County, Minnesota, described as follows (approximately 2 acres):  Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 38 minutes 42 seconds West (assumed bearing) along the north line of said Northeast Quarter of the Northeast Quarter 580.91 to the southwesterly right of way line of State Trunk Highway No. 52 as now located and established; thence southeasterly 83.14 feet along said southwesterly right of way line on a nontangential curve concave to the southwest, having a radius of 905.92 feet, a central angle of 5 degrees 15 minutes 30 seconds and a chord that bears South 36 degrees 12 minutes 19 seconds East; thence South 33 degrees 34 minutes 33 seconds East, tangent to said curve along said southwesterly right of way line 128.76 feet; thence South 69 degrees 37 minutes 26 seconds West 284.86 feet; thence South 20 degrees 22 minutes 34 seconds East 60.00 feet; thence North 69 degrees 37 minutes 26 seconds East 161.38 feet; thence North 69 degrees 27 minutes 42 seconds East 22.78 feet to the point of beginning of the land to be described; thence South 12 degrees 02 minutes 45 seconds East 267.85 feet; thence South 18 degrees 23 minutes 04 seconds East 122.35 feet; thence North 69 degrees 37 minutes 26 seconds East 289.74 feet to said southwesterly right of way line of State Trunk Highway No. 52; thence North 33 degrees 34 minutes 33 seconds West along said southwesterly right of way line 367.91 feet; thence South 56 degrees 25 minutes 27 seconds West along said southwesterly right of way line 40.00 feet; thence North 33 degrees 34 minutes 33 seconds West along said southwesterly right of way line 52.21 feet; thence South 56 degrees 25 minutes 27 seconds West 25.34 feet; thence southwesterly 50.44 feet on a nontangential curve concave to the northwest, having a radius of 260.00 feet, a central angle of 11 degrees 06 minutes 59 seconds and a chord that bears South 61 degrees 58 minutes 56 seconds West; thence South 69 degrees 27 minutes 42 seconds West 37.22 feet to the point of beginning.  Subject to easements of record.  Carried 4-0-0.

 

 

3.  Administrator Johnson stated that Mayor Bauer and he would complete the County Comprehensive Plan questionnaire and present the comments to the Council at the next regular meeting.  Council members were also invited to forward their comments to Johnson for inclusion in the documentation. 

 

4.  At the last regular meeting, Administrator Johnson discussed proposals from David Drown Associates 1) to conduct a water and sewer rate study, and 2) to design and implement a storm drainage utility for a fee of $9,500 each.  If completed concurrently, a fee reduction of 20% would be given.  Council member Benson stated that he thought staff may be able to do the work in-house. 

Motion Grothe, second Wilkinson to accept the proposals from David Drown Associates 1) to conduct a water and sewer rate study, and 2) to design and implement a storm drainage utility for a fee of $15,200.  Carried 3-0-1 (Benson abstained).

 

5.  The following submitted renewal applications for on and/or off‑sale 3.2 percent malt liquor licenses and set‑up permit: On‑sale‑ Evergreen Lanes, Pizza Man; Off‑sale‑ Evergreen Lanes; Set‑up permit‑ Evergreen Lanes.

Motion Borgschatz, second Grothe to issue the following on and/or off‑sale 3.2 percent malt liquor licenses: On‑sale‑ Evergreen Lanes, Pizza Man; Off‑sale‑ Evergreen Lanes; Set‑up permit‑ Evergreen Lanes. Carried 4‑0‑0.

 

6.  Police Chief Selness requested approval for Officer Collette to attend a drug recognition expert (DRE) school.  The intensive training curriculum prepares officers for dealing with drug-impaired subjects in all situations.  All lodging, manuals and supplies for the two-week training program, held at the Maple Grove Police Department, are at no cost to the city.  The city’s cost will be limited to the officer’s time, meals and mileage.

Motion Borgschatz, second Grothe to approve the attendance of Officer Warner Collette at the drug recognition expert (DRE) school to be held at the Maple Grove Police Department- city’s cost limited to the officer’s time, meals and mileage.  Carried 4-0-0.

 

7.   Public Works Director Rick Lohmann recommended that the lease on the park mower be discontinued and the mower be turned in to B & B Implement as the mowing that this mower was used for will now be completed by contract labor. 

Motion Benson, second Borgschatz to discontinue the lease on the park mower and that the mower be turned in to B & B Implement, as the mowing will now be completed by contract labor.  Carried 4-0-0.

 

8.  Administrator Johnson requested approval to attend the MN City/County Management Association (MCMA) Annual Conference, May 12‑14.

Motion Grothe, second Benson to approve the attendance of Administrator Johnson at the MCMA Annual Conference, May 12‑14 in Brainerd, including registration, lodging, mileage and meals. Carried 4‑0‑0.

 

9.  Public Works Director Rick Lohmann requested approval to purchase a distance measuring instrument for $530.00 plus sales tax and shipping.

Motion Borgschatz, second Grothe to purchase a distance measuring instrument for $530.00 plus sales tax and shipping.  Carried 4-0-0.

 

10.  Public Works Director Rick Lohmann submitted a request to purchase a new fax machine for the Street Maintenance Facility.

Motion Benson, second Borgschatz to purchase a fax machine for the Street Maintenance Facility for $349.00 plus tax.  Carried 4-0-0.

 

11.  Doug and Cindy Matthees, 131 Walnut Street, submitted a request related to a roadway and utility easement they have been asked to sign.  It was discovered, during the Don Webster home construction process, that the location of designated Walnut Street lies north of the (physical) location of the street (i.e. the location of the actual roadway lies just south of the northerly east-west property line of the Doug and Cindy Matthees property, while the platted Walnut Street lies just north of this line).  Therefore, City Attorney Rockne drafted a roadway and utility easement and a street vacation petition for the Matthees to sign.  They are requesting, before execution of the easement, that they be granted an exemption from future special assessments, along Walnut Street,for street, curb and gutter and utility improvements- as long as they are the parcel’s owners of record.  It was suggested that Council member Borgschatz, City Attorney Rockne and Administrator Johnson review the request and bring back to Council at a future meeting.     

 

12.  Administrator Johnson reported that Council member Borgschatz and he met with Edina Development related to the potential residential development of the approximate 93 acres of the Roald and John Mona property.  The developer questioned whether the city or they would be responsible for plans and specifications and subsequent construction of the water and sewer main extension to the development.  It was recommended that the city complete the project at no expense to the city.       

 

REPORTS

 

-Council member Doug Borgschatz-

-Reported that Mayor Bauer and he met with the police department.  He stated that the officers wanted clarification of what Council considered appropriate and inappropriate police behavior.  Council member Borgschatz felt it was a good meeting, and stated that it was agreed that Mayor Bauer and one Council representative would have quarterly meetings with the officers as an opportunity to share concerns. 

 

Acting Mayor Wilkinson adjourned the meeting at 7:53 p.m.

 

                                                                                    ______________________________

                                                                                    Ronald S. Johnson, City Administrator

 

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