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Zumbrota, MN 

Bridging the Past and the Future

June 17, 2004 Council Minutes

                         CITY OF ZUMBROTA CITY COUNCIL MINUTES

REGULAR MEETING      JUNE 17, 2004   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;  Council members Dave Benson, Doug Borgschatz, Betty Jo Grothe.  ABSENT:  Council member Deb Wilkinson.  Others present:  City Administrator Ron Johnson, City Accountant Mary Rohe, Community Development Director Angie Bersaw, Public Works Director Rick Lohmann, Reporter Sandy Hadler, Ward Opitz, Ken Baier, Jim Wedge, Paul Qualy.

 

The meeting opened with the Pledge of Allegiance.

 

AMENDMENTS/ADOPTION OF AGENDA

 

It was suggested to add agenda items 8i- City code and 8j- Feedlot resolution.

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

          

MINUTES

 

A correction to the minutes related to the vote on Resolution 2003-14 was noted (the vote was

4-1-0 not 3-1-0 ).

Motion Borgschatz, second Grothe to approve the June 3, 2004 regular meeting minutes as amended.  Carried 4-0-0.

 

ACCOUNTS PAYABLE

 

Motion Bauer, second Borgschatz to approve the accounts payable of $33,257.27.  Carried 4‑0‑0.

 

PUBLIC COMMENTS

 

1.  Paul Qualy commented on the use of Automated External Defibrilators and commented on the city’s 12/31/03 fund balance.

 

PUBLIC HEARINGS/MEETINGS

 

1.  There were no public hearings scheduled.

 

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.  It was requested to remove this item as there have been no reported problems this season.

 

5.  There was nothing to report on the Doug and Cindy Matthees request.

 

6.  Public Works Director Rick Lohmann stated that he received a second quote to replace the air handling unit at the Wastewater Treatment Facility, but, as there was a substantial difference between the two quotes received, he will be reviewing further.

 

NEW BUSINESS

 

1.  Kenneth Baier, 730 Central Avenue, requested a variance to construct an approximate 780 square foot garage.  Mr. Baier’s house is 620 square feet.  Mr. Baier requested a variance to the requirements of Section 3, Subd. 4 of the City of Zumbrota Zoning Ordinance which states, “the total square footage of detached and attached accessory structures shall not be greater than the footprint of the principal structure”.  The hardship that the applicant is presenting is that his house is very small compared to other houses built today, where a garage this size would be allowed. All setback requirements are met.  The Planning Commission conducted a public hearing on June 8, 2004 to receive public comments on the variance request.  The Planning Commission recommended that Council approve the variance request of Kenneth Baier due to the following considerations:  (1) The use of the proposed garage seems to be a reasonable use as to how garages are used,  (2) The hardship was not caused by the owner,  (3)  Requiring the owner to add on to the house in order to meet the square footage requirements would take away from the spirit of the zoning ordinance,  (4)  Size of proposed garage is consistent with size of other garages in the neighborhood.

Motion Benson, second Grothe to accept the recommendation of the Planning Commission and approve the variance request of Kenneth Baier to construct an approximate 780 square foot garage at 730 Central Avenue due to the following considerations:  (1) The use of the proposed garage seems to be a reasonable use as to how garages are used,  (2) The hardship was not caused by the owner,

(3) Requiring the owner to add on to the house in order to meet the square footage requirements would take away from the spirit of the zoning ordinance,  (4)  The size of  the proposed garage is consistent with the size of other garages in the neighborhood.  Carried 4-0-0.

 

2.  Ward Opitz, representing Zumbrota Golf Course Properties, LLC, was present to request approval of the amended plat of Highlands of Zumbrota Phase I and the final plat for Highlands of Zumbrota Second Subdivision and the associated Conditional Use Permit (required for a Planned Unit Development).  There are approximately 13.86 acres that will consist of approximately 48 townhomes.  The amended plat of Phase I includes street and utility vacations due to the realignment of Highlands Avenue.  The street was previously shown as an outlet onto County Road 6.  The new alignment of Highlands Avenue connects Phase I and Phase II.  Golf Links Avenue is proposed to be the new outlet onto County Road 6 and will act as an entrance to the residential subdivision, and could act as an entrance for the golf course, if the Zumbrota Golf Club would like.  Therefore, there will only be one new outlet, besides the existing Sugarloaf Parkway, onto County Road 6 in this area.  Mr. Opitz explained that park land was shown in two locations, Outlot F of Phase I along the eastern side of the development and Lot 1 on the block between Golf View Avenue on the western side.  It was noted that in the development agreement for the Highlands of Zumbrota, the parkland dedication requirements were waived due to the large donation of green space for the development of the golf course.  However, it was also agreed that some park space would be necessary when the Ring property was developed.  The Park Board requested a park on each side of the golf course rather than having one larger park.  The Planning Commission recommended Council approval of the amended plat of Highlands of Zumbrota Phase I and the final plat for Highlands of Zumbrota Second Subdivision and associated Conditional Use Permit (required for PUD) subject to: (1) recommendations of the City Engineer being met, (2) inclusion of two small parks (one on each side of subdivision), and (3) inclusion of the necessary street and utility vacations and relocations. 

Motion Grothe, second Bauer to accept the recommendation of the Planning Commission and approve the the amended plat of Highlands of Zumbrota Phase I and the final plat for Highlands of Zumbrota Second Subdivision and associated Conditional Use Permit (required for PUD) subject to: (1) recommendations of the City Engineer being met, (2) inclusion of two small parks (one on each side of subdivision) as recommended by the Park Board, and (3) inclusion of the necessary street and utility vacations and relocations.  Carried 3-1-0 (Borgschatz opposed).  

 

3.  Administrator Johnson informed Council that, at the quarterly Cops in Schools grant meeting with Z-M School administration, it was noted that there is available, this summer, a Basic School Resource Officer Course in St. Paul.  The School administration will be pursuing the possibility of sending an administrator to the course also.  The registration is $425 plus lodging ($99/night) and meals. 

Motion Borgschatz, second Benson to approve the attendance of Police Officer Eugene Leifeld at the Basic School Resource Officer Course in August in St. Paul, contingent upon the Z-M School District sending an administrator to the course.  Carried 4-0-0.

 

4.  Administrator Johnson presented Council with a memo stating that “park/public land dedication for commercial/industrial (C/I) is a new concept for staff, but is included in the city’s Subdivision Ordinance.  We have been accepting land or charging a fee in lieu of in residential developments.”  Johnson stated, however, that he just recently realized that the park/public land dedication also applies to C/I developments.  Johnson realized this when reviewing the subdivision ordinance for Brian Haugen’s project- after the Grover Auto and Page Welding projects (i.e. they were not charged any park/public land dedication fees).  According to the subdivision ordinance, commercial developments, if a cash contribution is required, are to be charged a 5% contribution (based on the current value of improved property).  In Brian’s case this fee is $6,487, based on 5% of the purchase price and estimated value of water, sewer and street improvements.  Goodhue County has apparently put a value of $180,000 on the land.  This would be a fee of $9,000 if this was the figure utilized for the improved land.  I checked w/ area cities and found the following:  Red Wing has a $1,000 per acre cash contribution (copy attached), Pine Island has no charge for C/I, Kenyon is left to the discretion of their Council.  Staff recommends that the fee be based on acreage rather than improved value, and suggests a fee somewhere between $1,000 and $1,500 per gross acre.  Mr. Haugen requested consideration of a reduction of his proposed fee accordingly.      

Motion Grothe, second Benson to accept a payment in lieu of park/public land dedication from Brian Haugen of $1,000 per gross acre.  Carried 4-0-0.

 

Motion Benson, second Borgschatz to direct the City Attorney to draft a change to the subdivision ordinance related to Commercial/Industrial developments and park/public land dedication to mandate a cash contribution of $1,000 per gross acre in lieu of park/public land dedication.  Carried 4-0-0.

 

5.  Administrator Johnson also stated that connect fees for commercial structures are also new to staff.  Ordinance 2001-05, the ordinance related to utility connection charges, states that connection fees are charged on a per unit basis.  With the residential development that has taken place so far, the connect fees have been one (water and sewer) fee per unit.  Ordinance 2001-05 states that computation of units for commercial structures should be based on usage equivalents as outlined in the most recent “Standard Criteria” published by the Metropolitan Waste Control Commission (this has since been replaced by the Service Availability Charge Procedure Manual published by the Met Council Environmental Services).  They determine that a “unit” is based on 274 gallons per day.  The usage for the Brian Haugen truck wash is yet unknown but could be from 1,000 gallons up to 8,000 gallons.  Johnson stated that he charged Mr. Haugen for two connect fees, in that the usage will obviously be more than the 274 gallons per day, but not wanting to charge him 4 or more connect fees as this was not discussed in the review/discussion of his project.  Following the Procedure Manual will give us some guidelines but may also make it prohibitive for certain businesses to build in Zumbrota.

Motion Grothe, second Borgschatz to charge Brian Haugen two water and sewer connect fees for his truck wash project.  Carried 4-0-0.

 

6.  Kenneth and Lois Magnuson submitted a preliminary plat for Lots 1-6 in Sugar Loaf Estates.  They are proposing six single-family dwellings on 1.1 acre lots.  The Planning Commission held a public hearing on June 8, 2004 to consider the preliminary plan.  Mr. Magnuson reviewed the plan and explained that shared driveways are being utilized in all lots in order to save trees.  The driveway to Lot 6 would be shared with the Magnuson’s existing driveway through an easement on his property.  Mr. Magnuson explained that they would grant a utility easement on their property (west of the west lot line) to meet the City Engineer’s recommendation to accommodate a future water main loop to the south. The Planning Commission recommended Council approval of the preliminary plat of Sugar Loaf Estates contingent on the recommendations of the City Engineer being met and Minneola Township’s and the State’s approval of the orderly annexation agreement. 

Motion Grothe, second Borgschatz to accept the recommendation of the Planning Commission and approve the preliminary plat of Sugar Loaf Estates contingent on the recommendations of the City Engineer being met and Minneola Township’s and the State’s approval of the orderly annexation agreement.  Carried 4-0-0.

 

7.  Omni Environmental submitted a proposal, with a fee not-to-exceed $750, to provide project management (and some asbestos sampling) for the removal of asbestos and demolition of the former United Church building at 330 Central Avenue.   

Motion Grothe, second Borgschatz to accept the proposal of Omni Environmental, with a fee not-to-exceed $750, to provide project management (and some asbestos sampling) for the removal of asbestos and demolition of the former United Church building at 330 Central Avenue.  Carried 4-0-0.

 

8.  Administrator Johnson requested that Council authorize Yaggy Colby Associates to conduct a feasibility study for water and sewer improvements through the Conway and Kathy Jacobson property and to the Mona property. 

Motion Borgschatz, second Grothe to authorize Yaggy Colby Associates to conduct a feasibility study for water and sewer improvements through the Conway and Kathy Jacobson property and to the Mona property.  Carried 4-0-0.

 

9.  Administrator Johnson reported that Duke Addicks, League of MN Cities Special Counsel & Codification Attorney, is willing to attend a Council meeting to review the newly drafted city code.   Mr. Addicks thought he could go through the major changes of the code in approximately one hour.  He is available for the July 8 regular meeting.

Motion Benson, second Grothe to conduct a city code review during the July 8 regular Council meeting.  Carried 4-0-0.

 

10.   Goodhue County has developed a draft of proposed feedlot regulations.  It was noted that the proposed regulations have the following protections for cities:  1) No new feedlots are allowed in the A-3 zones which are surrounding most cities.(Existing rule), 2) Feedlots that have been abandoned for more than five years may not be restocked without applying for a new permit and being regulated as a new feedlot, 3) Cities must receive notification of any new or expanding feedlot within two miles of its corporate limits, 4) No new feedlot will be allowed within one mile of the major cities. Any variance request will be denied when the municipality demonstrates that the proposed variance is inconsistent with the city’s Comprehensive Plan or Growth Plan, 5) All new feedlots or new construction on existing feedlots, that is not a replacement of existing facilities, must meet a 99% odor annoyance free rating distance, as determined by the OFFSET odor evaluation model, at the closest incorporated municipal boundary line of the major cities, and no variance can be considered from this requirement unless a written consent is granted by the City.  A proposed resolution was presented for consideration.  It was suggested that the resolution be adopted but that it be noted within the resolution that the City of Zumbrota does not intend to impede or infringe on existing feedlot facilities.

Motion Grothe, second Borgschatz to adopt RESOLUTION 2004-14, a Resolution Recommending Feedlot Regulations, and to direct staff to forward same to the Goodhue County Board of Commissioners.  Carried 4-0-0.

 

REPORTS

 

-City Administrator-

-Administrator Johnson requested approval to advertise, interview and hire (at $8 per hour) 1) a person to water and weed the city’s landscaping, and 2) a brush site attendant, as Arnold Groszbach submitted his resignation.

Motion Benson, second Borgschatz to authorize staff to advertise, interview and hire (at $8 per hour) 1) a person to water and weed the city’s landscaping, and 2) a brush site attendant.  Carried 4-0-0.

-Informed Council that the “old church” subcommittee will be meeting to discuss potential uses of the site.

-Thanked the Festival Committee (including staff) for their efforts in putting together this year’s Festival.

 

 

 

 

-Community Development Director Angie Bersaw-

-Reported that the Roscoe Town Board did not act on the joint resolution for the Zumbrota Hills Development Project annexation, as they want to wait to see what happens with the adjacent 83-acre parcel recently listed for sale by Tim Mack. 

 

-City Accountant Mary Rohe-

-Requested approval to close the Capital Projects Fund and to rename the Debt Service Fund as Water Debt Service Fund.

Motion Grothe, second Borgschatz to close the Capital Projects Fund and to rename the Debt Service Fund as Water Debt Service Fund.  Carried 4-0-0.

 

Motion Grothe, second Borgschatz to reclassify the Economic Development Authority Fund and the Swimming Pool Fund as Special Revenue Funds.  Carried 4-0-0.

 

Mayor Bauer adjourned the meeting at 7:02 p.m.

 

                                                                                    ______________________________

                                                                                    Ronald S. Johnson, City Administrator

 

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