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Zumbrota, MN 

Bridging the Past and the Future

December 2, 2004 Council Minutes

                         CITY OF ZUMBROTA CITY COUNCIL MINUTES

REGULAR MEETING      DECEMBER 2, 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;  Councilmembers Dave Benson, Doug Borgschatz, Betty Jo Grothe, 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, Bill Eberhart, Jim Wedge, Paul Qualy, Conway Jacobson, Dale Hinderaker.

 

The meeting opened with the Pledge of Allegiance.

 

AMENDMENTS/ADOPTION OF AGENDA

 

It was suggested to add agenda item 8j- MN Department of Public Safety resolution, and 8k- Resolution authorizing acceptance of a traffic safety award.

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

          

MINUTES

 

Motion Grothe, second Wilkinson to approve the November 17, 2004 regular meeting minutes.  Carried 5-0-0.

 

ACCOUNTS PAYABLE

 

Motion Grothe, second Wilkinson to approve the accounts payable of $87,977.89.  Carried 5‑0‑0.

 

PUBLIC COMMENTS

 

There were no public comments.

 

UNFINISHED BUSINESS

 

1.  There was nothing to report on the request to move crosswalk lights from 7th Street to 9th Street.

 

NEW BUSINESS

 

1.  Conway and Kathy Jacobson submitted an application for preliminary plat approval of their 22 acres, southwest of the Highway 52 and 58 interchange (west of 180th Avenue).  The applicants are proposing 10 commercial lots approximately 2 acres each.  All lots will have direct access onto Roscoe Avenue or 22nd Street, with the exception of Lot 5, Block 1, which will only be allowed access through the truck wash lot (an easement is in place for this purpose).  During the Planning Commission’s public hearing, concerns were raised regarding the proposed width of the right-of-way for 22nd Street- shown as 66 feet, and the width of the street- shown as 36 feet.  This street is shown as a minor collector on the future land use plan, and, therefore should have a minimum right-of-way of 80 feet, and a minimum street width of 40 feet.  The Planning Commission recommended approval of the preliminary plat with inclusion of the wider right-of-way and street width for 22nd Street West. 

Motion Grothe, second Wilkinson to approve the application of Conway and Kathy Jacobson for preliminary plat of their 22 acres located just southwest of the TH52 and TH58 intersection (Jacobson Commercial Park), described as follows:  That part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 109 North, Range 16 West, Goodhue County, Minnesota, described as follows:  Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter; thence westerly on an assumed azimuth from north of 270 degrees 21 minutes 18 seconds, along the north line of said Northeast Quarter of the Northeast Quarter a distance of 580.91 feet to the intersection of said north line and the westerly right-of-way of Trunk Highway No. 52 according to MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP NO. 16-64; thence westerly 249 degrees 37 minutes 26 seconds azimuth 211.93 feet to the point of beginning; thence southwesterly 221 degrees 14 minutes 25 seconds azimuth 521.95 feet; thence westerly 269 degrees 06 minutes 22 seconds azimuth 188.97 feet to the west line of said Northeast Quarter of the Northeast Quarter; thence southerly 179 degrees 06 minutes 22 seconds azimuth along said west line 681.15 feet; thence easterly 90 degrees 21 minutes 18 seconds azimuth 1243.49 feet to the westerly right-of-way line of a township road; thence northerly 01 degree 58 minutes 15 seconds azimuth along said westerly right-of-way line 357.67 feet; thence westerly 271 degrees 58 minutes 15 seconds azimuth along the westerly right-of-way line of said RIGHT OF WAY MAP NO. 16-64,  a distance of 17.00 feet; thence northerly 01 degree 58 minutes 15 seconds azimuth along said westerly right of way line 94.38 feet; thence northwesterly 326 degrees 25 minutes 27 seconds azimuth along said westerly right of way line 195.46 feet; thence southwesterly 249 degrees 37 minutes 26 seconds azimuth 289.74 feet; thence northerly 341 degrees 37 minutes 01 second azimuth 122.35 feet; thence northerly 347 degrees 57 minutes 15 seconds azimuth 267.78 feet; thence easterly 69 degrees 37 minutes 26 seconds azimuth 29.28 feet; thence northeasterly 56.91 feet on a tangential curve concave northwesterly, having a radius of 247.03 feet and a central angle of 13 degrees 17 minutes 00 seconds; thence northeasterly 56 degrees 25 minutes 27 seconds azimuth 26.84 feet to said westerly right of way line; thence northwesterly 326 degrees 25 minutes 27 seconds azimuth along said westerly right-of-way line 48.63 feet; thence westerly 249 degrees37 minutes 26 seconds azimuth 284.86 feet; thence northwesterly 345 degrees 25 minutes 29 seconds azimuth 206.38 feet to the point of beginning.  Said tract contains 21.59 acres more or less, contingent upon the inclusion of a minimum right-of-way of eighty feet, and a minimum street width of forty feet on 22nd Street West.  Carried 5-0-0.

 

2.  Conway and Kathy Jacobson and Jim and Don Wendt petitioned for public improvements (street, water and sewer) to serve the Jacobson Commercial Park and the Wendt properties just south of Jacobsons.  The Jacobsons and Wendts are requesting deferred assessments on the improvements to make this project feasible.  It was noted that the installation of the requested infrastructure serves two purposes as outlined in the 2001 City of Zumbrota Strategic Plan.  First, it begins the development of the backage road system parallel to Highway 52.  This backage road is also identified in the TH 52 Sub-Area Study and is an important piece to developing the west/south side of Highway 52 for residential, commercial and industrial purposes.  Second, platting this area opens up commercial land for new businesses.  Platting and installing the improvements will allow new businesses to easily locate in areas designated for highway commerce in the city’s future land use plan.  It was also noted that this area is included in TIF District 1-14, which could benefit a qualified business demonstrating the need for the assistance.  Staff will discuss said request with David Drown, the city’s public finance advisor, and report back at the next regular meeting.

 

3.  Zumbrota Health Services submitted an application to rezone parcel 72-200-0100 (West 70’ of Lot 9, Auditors Subdivision Lot 13) from R-3 (One to Eight Family Residential) to C1a (Central Fringe Commerce).  Lyle Wendroth, State Farm Insurance representative, has a purchase agreement on the building contingent upon approval of the requested rezone.  The Planning Commission, upon completion of a public hearing, recommended approval of said request with the finding that the request would be considered an extension of the downtown area rather than a spot rezone. 

Motion Grothe, second Wilkinson to approve the request of Zumbrota Health Services to rezone parcel 72-200-0100 (West 70’ of Lot 9, Auditors Subdivision Lot 13) from R-3 (One to Eight Family Residential) to C1a (Central Fringe Commerce) with the finding that the rezone would be an extension of the downtown area rather than a spot rezone.  Carried 5-0-0.

 

4.  Xcel Energy informed staff that they are having problems with the location of electric meters on homes in the new subdivisions, as, in most cases, builders are placing the wiring for the meters in the rear of the homes.  This causes a problem in areas where homes are built right up to the side yard setback line, and Xcel needs at least six feet to get their equipment in to install the electric lines.  Xcel would like the City to enact a policy that the meters need to be located somewhere near the front of the homes (4-6 feet from front corner), preferably near the gas meters.  Staff was requested to discuss potential solutions to the problem with City Attorney Rockne, and bring back to a future Council meeting.

 

5.  A proposed renewal agreement was presented between the City of Zumbrota and Goodhue County for the provision of building inspection services by Goodhue County’s Land Use Management Department. 

Motion Benson, second Grothe to authorize execution of the agreement with Goodhue County for the provision of building inspection services within the corporate limits of Zumbrota by Goodhue County’s Land Use Management Department.  Carried

5-0-0.

 

6.  Public Works Director Rick Lohmann received three quotes for the grinding of the brush and compost piles at the city brush disposal site as follows:  Hathaway Tree Service- $9,850.00; Dakota Wood-Grinding- $8,100.00; Sylva Corporation- $6,000.00.  It was noted that Sylva Corporation cannot grind any trees greater than 16 inches in diameter, and that there is a substantial amount of material that is over 16 inches in diameter.  Mr. Lohmann recommended approval of the Dakota Wood-Grinding quote.

Motion Wilkinson, second Borgschatz to accept the quote of $8,100 from Dakota Wood-Grinding to conduct the brush and compost grinding.  Carried 5-0-0. 

 

7.  Several individuals requested that the City Council proclaim January, 2005 as Violence Prevention Awareness Month.

Motion Grothe, second Benson to authorize Mayor Bauer to proclaim January, 2005 as Violence Prevention Awareness Month.  Carried 5-0-0.

8.  Applications for 2005 cigarette licenses were received.  It was noted that 6 of the 8 businesses sold tobacco to a minor in a recent compliance check.

Motion Borgschatz, second Grothe to approve the following 2005 cigarette license applications:   Super America, Matthees Midtown, Casey's General Store (Downtown), Casey's General Store (South Main), Covered Bridge Restaurant, Hub Food Center, Zumbrota Liquor Store, Route 52 Truck & Car Wash.  Carried 4-1-0 (Wilkinson opposed).

 

9.  City Administrator Ron Johnson submitted his resignation effective at the end of the year as he has accepted the city administrator position with the City of Lake City.  The discussion focused on the replacement process.  It was suggested to obtain a proposal from an executive search firm, as it can be a time-consuming process, and an executive search firm would have the necessary human resources background.  Johnson informed Council of the process that Lake City used, which included the hiring of an executive search firm.  It was questioned whether the existing salary range (effective January 1, 2005- starting step of $51,900, to step 6 salary of $68,300) was adequate to attract quality candidates.  It was noted that an executive search firm could look at the salary issue.  It was also suggested to look at the strategic plan and determine what areas of expertise are needed from a new administrator to continue proper facilitation of the plan.  The possibility of hiring a part-time administrator was discussed.  It was suggested to discuss this possibility with staff to see if this is a feasible and/or necessary option.   

Motion Wilkinson, second Grothe to accept City Administrator Ronald Johnson’s resignation, with regrets, effective at the end of the year.  Carried 5-0-0.

 

Motion Benson, second Borgschatz to call for proposals from executive search firms to conduct a city administrator search process.  Carried 5-0-0.

 

10.  Resolution 2004-32, a resolution authorizing execution of an agreement with the State of Minnesota Department of Public Safety, Office of Justice Programs, authorizing Police Chief Gary Selness to execute agreements and amendments related to the $7,923 Grant Award project to purchase radio equipment, was presented for consideration.

Motion Wilkinson, second Benson to adopt RESOLUTION 2004-32, a Resolution Authorizing Execution of an Agreement with the State of Minnesota Department of Public Safety Office of Justice Programs, and authorizing Police Chief Gary Selness to execute agreements and amendments related to the $7,923 Grant Award project to purchase radio equipment.  Carried 5-0-0.

 

11.  Resolution 2004-33, a resolution authorizing acceptance of a traffic safety award from the Minnesota Department of Public Safety was presented for consideration.

Motion Grothe, second Borgschatz to adopt RESOLUTION 2004-33, a Resolution Authorizing Acceptance of a Traffic Safety Award from the Minnesota Department of Public Safety, and authorizing Police Chief Gary Selness to execute agreements and amendments related to the $2,000 Grant Award project.  Carried 5-0-0.

          

 

 

 

REPORTS

 

-City Administrator-

-Informed Council that the State of MN Bureau of Mediation Services (Bureau) received a petition from the MN Teamsters Public and Law Enforcement Employees Union, Local No. 320, Minneapolis (Union) requesting that the Bureau determine an appropriate unit and certify the Union as the exclusive representative for certain employees of the City of Zumbrota.  In order to process the petition the Bureau must 1) determine the definition of the appropriate unit,

2) establish a list of employees falling within the scope of the appropriate unit, and 3) determine a method for confirming whether or not a majority of the employees in the appropriate unit wish to be represented by the Union.

 

-Mayor Rich Bauer-

-Stated that the 2005 committee appointment list will be on the next regular agenda, and asked that Council members discuss their membership interests with him.

 

-Councilmember Deb Wilkinson-

-Informed Council that the documents in the United Church time capsule have been translated, and, if available, Jeff Sauve will be present at the next regular meeting to discuss.

 

Mayor Bauer adjourned the meeting at 7:04 p.m.

 

 

                                                                                    _______________________________

                                                                                    Ronald S. Johnson, City Administrator 

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