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Zumbrota, MN 

Bridging the Past and the Future

December 15, 2005 Council Minutes

                         CITY OF ZUMBROTA CITY COUNCIL MINUTES

          REGULAR MEETING     December 15, 2005   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 Willard Eberhart, Betty Jo Grothe, Doug Borgschatz.  Others present: City Administrator Neil Jensen, City Accountants Mary Rohe and Kim Simonson, Public Works Director Rick Lohmann, Police Chief Gary Selness, City Attorney Matt Rockne, Reporter Sandy Hadler, Paul Qualy, Jim Wedge, Conway Jacobson, Brian Haugen, Michael Feil, Lois and Larry Pederson.

 

The meeting opened with the Pledge of Allegiance.

 

AMENDMENTS/ADOPTION OF AGENDA

 

Mayor Bauer added Variance Approval 640 Warren Avenue and Additional Financing Jacobson Commercial Park.

 

               Motion Grothe, second Eberhart, to adopt the agenda as amended.  Carried 4-0-0.

 

MINUTES

 

            Motion Eberhart, second Borgschatz, to approve the regular meeting minutes of 12/01/05.         Carried 4-0-0

 

            Motion Grothe, second Borgschatz to approve the minutes of the special meeting           December 8, 2005. Carried 4-0-0

 

            Motion Grothe, second Eberhart to approve the minutes of the Truth and Taxation public           hearing meeting December 8, 2005. Carried 4-0-0

 

ACCOUNTS PAYABLE

 

Motion Eberhart, second Grothe to approve the accounts payable of $149,798.96.  Carried 4‑0‑0

 

PUBLIC COMMENT:

Paul Qualy Commented on the Truth and Taxation Hearing.  He stated he had discussed the council position with Mary Rohe and he would like to nominate her for the position.

Unfinished Business:

 

7-A Police Department 2006 Process Fees.

 

Police Chief Gary Selness presented the 2006 Process Fees for the Police Department. Chief Selness stated the only changes were mileage, civil process fees and the hourly rate for officers.  The council will review the fees and make a decision at the January 5th council meeting.

 

Public Hearings/Meetings

 

A. 2006 Fee Schedule (6:10)

Mayor Bauer opened the public hearing at 6:10 and asked for public comment on the fee schedule.  City Administrator Neil Jensen reviewed with the council the additions to the schedule that included as follows;

1. Water Meters ¾ inch = $320.00 / 1 inch = $420.00.   Other meters at cost

2.  Civil Defense Fee $50.00 per lot Residential / $250.00 per gross acre Industrial / Commercial

3.  Infrastructure Fee = $9.00 per month

4. Building Permit Violation/ Penalty = 25% of building permit or $100.00 whichever is greater.

There were no increases in the existing 2005 fee schedule. 

Paul Qualy questioned when the Infrastructure Fee would be implemented.  Mayor Bauer responded the infrastructure fee would be implemented shortly after January 1, 2006.

Mayor Bauer closed the public hearing and after no further discussion.

 

8-A.     Motion Grothe, second Borgschatz to approve the 2006 fee schedule.  Carried 4-0-0

 

 

B. 2006 Budget / Levy Adoption Hearing (6:20 p.m.)

 

Mayor Bauer opened the public hearing at 6:20 p.m. to discuss the 2006 Budget and Levy. Mayor Bauer discussed the main increases and decreases in the budget.  The two increases discussed were the $75,000.00 for the Seal Coat fund to build up the fund for future overlays and the additional $45,000.00 for the park fund to build a commuter/softball parking lot.  The one decrease in the budget was in the Police Department reflecting the reduction of one police officer.   Paul Qualy commented that even with the lack of expected growth the city has held the budget in line. With no further public comment Mayor Bauer closed the public hearing. 

 

8-B.     Motion Grothe, second Borgschatz to approve Resolution 2005-36 Approving Budget and Levy Collectable in 2006.  Carried 4-0-0

 

 

Unfinished Business.

 

7-B.  Council Position Applicants Discussion / Approval

 

There were four applicants for the vacated council position held by Dave Benson.  A questionnaire was sent out to all applicants to get their view point on the future of the city and where the applicants stand on certain issues.  Mike Feil, Scott St. Marie and Eugene Benson filled out and returned the questionnaire.  Mike Feil was on hand to answer questions from the council.  Councilmember Borgschatz questioned Mr. Feil about his viewpoint on commercial/industrial activity, developing relationships with staff and his role in working with department heads. Councilmember Eberhart stated he had talked to Mr. Feil over the last year and thought he would make a good candidate.     

 

 

            Motion Eberhart, second Grothe to approve Michael Feil to fill the vacant council          position until December 31, 2006.  Carried 4-0-0

 

 

7-C.  Ordinance 2005-08 City of Zumbrota Municipal Tree Ordinance

 

There was a slight modification in the definition of street trees requested by the council at the December 1st meeting.  The language of “or any portion of street right of way, easement, or thoroughfare within the city” was added.  Councilmember Eberhart questioned the distance of trees planted to curb or sidewalk and the problem with tree roots raising the sidewalk and curb.  City Administrator Jensen responded the ordinance focuses on the distance trees can be planted to sidewalks and curbs and if the boulevard is too small then no trees will be allowed in that area.

 

            Motion Grothe, second Eberhart to approve Ordinance 2005-08 City of Zumbrota       Municipal Tree Ordinance.  Carried 4-0-0

 

7-D Water and Sewer Ordinance

Tabled

 

New Business:

 

8-C.  Approve Joint Powers Agreement State Building Code Services (Goodhue County)

 

Discussion was held on whether Goodhue County should continue providing building inspection services versus the City of Zumbrota hiring in house. The opinion was Zumbrota does not have the growth at this point to warrant a full time building inspector.  It would not be cost effective.  Another option was to combine with area towns in a joint effort.  Mayor Bauer stated it might be something to look at in the future.

 

            Motion Borgschatz, second Eberhart to approve the Joint Powers Agreement State       Building Code Services with Goodhue County. Carried 3-0-1 (Eberhart)

 

8-D Sesquicentennial Proclamation.

 

2006 is Zumbrota’s Sesquicentennial and Mayor Bauer read the Sesquicentennial Proclamation which includes the only Zumbrota in the world and the only historic covered bridge in Minnesota.  Along with Zumbrota’s 150th years of growth the city is preparing year long celebration events. 

 

            Motion Grothe, second Eberhart to approve the Sesquicentennial Proclamation. Carried            4-0-0

 

 

 

8E.   Rental Equipment Quotes Renewal.

 

Public Works Director Rick Lohmann received quotes for rental equipment for the 2006 year. Listed are quotes received:

                        Motor Patrol                $95.00 - $85.00 Summer

                        Tandem Truck $62.00 to $100.00

                        Plow truck                    $70.00

                        Pick up Sander $45.00

                        Front end Loader         $95.00

                       

In addition to equipment Public Works Director Rick Lohmann received quotes for sidewalk snow removal.  Quotes received for all city sidewalks on the snow removal policy are $160.00 per time and $45.00 for ice melt.  Public Works Director Rick Lohmann stated in the past the council approved the quotes and authorized the Public Works Director to schedule the work with the contractor or operator.

 

            Motion Borgschatz, second Grothe to approve the 2006 Rental Equipment quotes and authorizing the Public Works Director Rick Lohmann to schedule the work.

            Carried 4-0-0

 

8-F.  Set Special Meeting Date and Interviews Engineering Services.

 

Discussion was held on the method of interviewing the engineering firms who had sent in Requests for Proposals.  Councilmembers requested City Administrator Neil Jensen prepare a point system to determine the best engineering firms to interview.  It was decided to interview 3 or 4 firms with a time limit of 20 to 30 minutes per interview.  The interviews will take place at the January 19th council meeting.

 

8-G.  Snow removal Policy Review / Approval

 

Public Works Director Rick Lohmann presented a snow plowing policy for the council.  The policy basically explains how the city does the snow removal and when the crew will start its snow removal.  The policy describes the sidewalks done by the city.  It also states streets will be clean curb to curb and snow will be hauled away. 

 

            Motion Grothe, second Eberhart to approve the Snow Removal Policy for the City of    Zumbrota. Carried 4-0-0

 

8-H.  Ordinance 2005-09 Amending City Code Section 72.06 Interference with Snow Removal (Towing)

 

City Administrator Neil Jensen presented the amended snow ordinance.  The new ordinance gives the city an option of administrative penalties (parking tickets) instead of the only option of towing the vehicle.  The ordinance uses a progressively stronger enforcement of administrative penalties with the option of towing.  Councilmembers required the addition of “or any other obstruction” language under the section “Towing” be inserted. 

 

            Motion Grothe, second Eberhart to approve Ordinance 2005-09 Amending Zumbrota City Code Section 72.06, Interference with Snow Removal; Towing.   Carried 4-0-0

 

 

8-I.  2005 Year End Transfers

 

City Accountant Kim Simonson presented the 2005 yearend transfers to the council. Transfers included as listed; 

 

CITY OF ZUMBROTA

 

 

 

TRANSFERS

 

 

 

December 15. 2005

 

 

 

 

 

 

 

 

TIF #2:Bank

8,636.00

 

 

 

GO Refunding Bds 04

 

 

8,636.00

(Budget transfer)

 

 

 

 

 

 

 

 

TIF #10:FACS

32,693.40

 

 

 

GO Refunding Bds 04

 

 

4,205.50

 

GO Bds 96B

 

 

28,487.90

(Budget transfer)

 

 

 

 

 

 

 

 

TIF #12:FACS2

12,608.40

 

 

 

GO Refunding Bds 04

 

 

2,905.40

 

GO Bds 96B

 

 

9,703.00

(Budget transfer)

 

 

 

 

 

 

 

 

TIFDist - Hwy Commercial

188.44

 

 

 

Utility Bonds 03

 

 

188.44

 

(Per TIF agreement)

 

 

 

 

 

 

 

 

Golf Course Abatement

1,850.00

 

 

 

Sewer Fund

 

 

1,850.00

 

(Budget Transfer)

 

 

 

 

 

 

 

 

Grover Abatement

10,480.00

 

 

 

Water Fund

 

 

10,480.00

 

(Budget Transfer)

 

 

 

 

 

 

 

 

General Fund (police vehicle)

12,000.00

 

 

 

Capital Proj-restricted

 

 

12,000.00

 

(for police vehicle purchase)

 

 

 

 

 

 

 

 

 

 

78,456.24

 

78,456.24

 

 

 

 

 

             Motion Borgschatz, second Grothe to approve the 2005 Year End Transfers.

             Carried 4-0-0

 

8-J.  Approve Zoning Ordinance Amendment Section 20 Subd. 2 (F) Semi Trailer Signs

 

Upon recommendation from the Planning and Zoning Commission the amendment of Zoning Ordinance Section 20 Subd. 2 (F) was presented to council for approval.  City administrator Neil Jensen reported there are a couple violations of the zoning ordinance pertaining to this section.  Staff has tried to enforce the sign language and found resistance based on the language.  MNDOT has asked Zumbrota City Staff if they were going enforce the sign ordinance with the semi-trailer on Highway #52.  It was explained that the Zoning Ordinance was challenged and will be amended.  The new language is as follows;

 

“Prohibited Signs:  Business Signs and Advertising Signs on or attached to equipment, such as semi-truck trailers, being used in such a manner that advertising is the principal use.”

 

 

            Motion Grothe, second Borgschatz to approve Zoning Ordinance Amendment Section 20         Subd. 2(F) as follows;

            “Prohibited Signs:  Business Signs and Advertising Signs on or attached to equipment,    such as semi-truck trailers, being used in such a manner that advertising is the principal        use.”  Carried 4-0-0

 

8-K.  Variance Approval 640 Warren Avenue Lois and Larry Pederson.

 

A variance request was presented to the council on the recommendation of the Planning and Zoning Commission.  The variance is for a 4 foot side yard setback to construct a three season porch.  The Planning Commission found these findings for the variance;

 

1.      No objections were raised by property owners who were provided due notice of the variance hearing.

2.      Based on the age and design of the house and position of the house on the lot, without a variance the homeowner would be less able to meet handicap accessible standards and maneuverability.   In addition, placing the porch in the rear yard would require an unnecessary remodel to the kitchen, whereas side yard placement would avoid this.

3.      Based on the neighboring zoning requirements (R-2) the variance would not provide an unusual contrast to the neighborhood.

 

Based on these findings;

            Motion Grothe, second Eberhart to approve a 4 foot side yard variance to construct a   three season porch.  Carried 4-0-0

 

                                                           

 

 

 

 

 

8-L.  Additional Financing Jacobson Commercial Park

 

With the construction overrun of the Jacobson Commercial Park there is a need to approximately finance an additional $200,000.00.   Yaggy / Colby has confirmed with David Drown to cover all finance issuance costs for the funding.  The Bank of Zumbrota will be the funding institution. 

With approval David Drown and Associates will negotiate the sale of the bonds.

 

            Motion Grothe, second Eberhart to approve David Drown and Associates to put together         the financing and negotiate the sale of the bonds for the additional financing of the             Jacobson Commercial Park.  Carried 4-0-0

 

 

REPORTS:

City Accountant Mary Rohe:

City Accountant Mary Rohe reported the new IRS Mileage Reimbursement is $0.445 per mile.

 

Public Works Director Rick Lohmann:

Public Works Director Rick Lohmann reported they have tested the water supply at Atlas Cold Storage and have adequate supply and pressure to meet the required 3000 Gallons per Minute for the new sprinkler system.

 

Mayor Bauer:

Mayor Bauer thanked City Accountant Mary Rohe for all her hard work and efforts over the past 20 years.

 

Councilmember Borgschatz:

Coucilmember Borgschatz reported a snowmoble was reported driving across the new seeding of the sofball fields.  The snowmoble club had put up signs to help prevent this from happening in the future.  Councilmember Borgschatz also thanked Mary Rohe for all her hard work over the past years. 

 

Councilmember Eberhart:

Councilmember Eberhart thanked Mary Rohe for her hard work and welcomed Mike Feil to the council.  Councilmember Eberhart also reported the Fire Department has been flooding the ice rink and has a good start. 

 

Councilmember Grothe:

Councilmember Grothe thanked Mary Rohe for her hard work and welcomed new councilmember Mike Feil to the council.

 

 

Mayor Bauer adjourned the meeting at 7:12 p.m.

 

                                                                                    _______________________________                                                                                              Neil Jensen City Administrator

           

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