CITY OF ZUMBROTA COUNCIL MEETING MINUTES
JANUARY 17, 2013 6:00 P.M.
Pursuant to due call and notice thereof, Mayor Rich Bauer called the Zumbrota City Council to order at 6:00 p.m. PRESENT: Mayor Rich Bauer; Council members Sara Durhman, Dale Hinderaker, Brad Drenckhahn and Tina Hostager. Others present: City Administrator Neil Jensen, Community Development Director Dan King, Police Chief Gary Selness, Police Officer Gene Leifeld, City Attorney Matt Rockne, Library Director James Hill, Public Works Director Rick Lohmann, NewsRecord Reporter Duane Aaland, Sandy Hadler, Cheryl Beacom, Tony Bigelow, Todd Lexvold and Jim Wedge.
The meeting opened with the Pledge of Allegiance.
AMENDMENTS/ADOPTION OF AGENDA
Motion Drenckhahn, second Durhman to adopt the agenda. Approved 5-0-0.
Motion Hinderaker, second Durhman, to approve the regular meeting minutes of
January 3, 2013. Approved 5-0-0.
Motion Drenckhahn, second Hostager to approve the accounts payable of $570,044.19
Cheryl Beacom, a resident of the Zumbrota Highlands was present to express her concerns regarding the proposed rezone and replat of Lot 2, Block 2. Beacom stated she is concerned about the proposed maintenance building the Zumbrota Golf Course may be building. She has aesthetic concerns about the appearance of the building and concerns about parking and storage. Beacom does not want her property values to be negatively affected by the shed, if built. Beacom asked the following three questions:
Were locations on the existing golf course property considered for the shed?
Will approval of a conditional use permit relax standards for the community?
Why is the City purchasing the lot?
Mayor Bauer stated the decision on where to place the shed is not up to the City. Todd Lexvold explained the Golf Course is landlocked with limited options for parking and shed construction.
Community Development Director King explained the conditional use permit would apply to only the one lot. The Planning and Zoning Committee and the City want the shed compatible and complementary with the housing in the area. Therefore any construction will need to meet design standards and have aesthetic appeal. King stressed again that the CUP amendment is only for construction on the one lot. Mayor Bauer addressed the question about the City’s purchase of the lot. He said the reason for the purchase was to facilitate the agreement between the Zumbrota Golf Course and the developer and to keep the access road open until a road can be built to the north. If the project proceeds the lot will be owned for approximately $20,000. The City is not intending to hold the lot long term. The lot will remain zoned residential.
7-A. Fire Board Agreement/Truck Discussion
Bauer reported the Townships had met together Monday evening. He was cautiously optimistic an agreement can be reached. The main issues are funding and voting. The next Fire Board meeting will be held on Wednesday, January 23 at 6:30 pm to examine the books and the meeting will follow at 7:00 pm. The agreement has not been signed and the Council discussed whether the 2% money would be affected by an agreement remaining unsigned. Durhman said she would like to adopt the interim agreement as a show of good faith. Motion Durhman, second Drenckhahn to approve the Fire Protection Agreement. Approved 5-0-0.
8-A. Highlands of Zumbrota – Fifth and Final Plat
The Developer has requested to replat the Highland Villas from 18 patio home lots to 12 single family lots. The outlot will be preserved for a possible future road to the west. Three lots would utilize the outlot for an access to the street. It was noted the Planning Commission reviewed the request at a public meeting and unanimously recommended approval. Motion Hostager, second Durhman to approve the Highlands of Zumbrota fifth and final plat. Approved 5-0-0.
8-B. Rezone Lot 2, Block 2 The Highlands of Zumbrota Fifth
King explained the current lot is zoned residential. The request was to rezone the lot to agricultural to match the designation of the Golf Course. The Planning and Zoning commission did not feel this was spot zoning. It was noted the Planning Commission reviewed the request at a public hearing and unanimously recommended approval. Motion Drenckhahn, second Hostager to approve the rezone of Lot 2, Block 2: the Highlands of Zumbrota Fifth. Approved 5-0-0.
8-C. Amend Conditional Use Permit for the Highlands of Zumbrota Planned Unit Development
King explained the planned unit development would change from 18 townhome lots to 12 single family lots. Also one lot will be used for the proposed maintenance building. The site and building will have minimum design standards, land use restrictions and other conditions. The building must have proper siding, be shingled, 20% of the siding must have brick or cultured stone, fencing and berms may be required, exterior lighting should not be directed to the residential area, setbacks will be observed, there will be no outside parking and storage, doors will not face residential areas and the lot cannot be sold independently of the City of Zumbrota. It was noted the Planning Commission reviewed the request at a public hearing and recommended approval with the following finding of facts:
Finding of Facts for proposed Rezone and Highlands of Zumbrota
Planned Unit Development Conditional Use Permit amendment
The proposed rezone and CUP amendment is consistent with the City of Zumbrota Comprehensive Plan, 2020 Strategic Planning Project and Zoning Ordinance. The initial Highlands of Zumbrota Planned Unit Development was established to create a mix of housing options and an expansion of the existing golf course. The proposed zoning actions simply expand on this housing and recreation project.
The Comprehensive Plan states “Future residential and housing needs and demands may require changes in lands uses and new thinking of housing unit types. The best method for doing this is through the Planned Unit Development (PUD) method.” The 2020 Strategic Plan states as a goal to “Take actions that will assure an adequate housing supply, mix of housing types and a range of affordability.” The Zoning Code Section 18 Planned Unit Development states as a purpose to “encourage a more creative and efficient development of land…to allow for a mixture of residential and commercial units in an integrated and well planned area and to ensure the concentration of open space into more usable area.”
The PUD provisions further state “the planned unit development should be planned and developed to harmonize with any existing or imminent development in the area…and not have an undue and adverse impact on the reasonable enjoyment of the neighboring property nor be detrimental to potential surrounding uses. The proposed development shall be designed in such a manner as to form a desirable and unified environment within its own boundaries.”
If the CUP amendment is approved the criteria for a maintenance structure could ensure the above provisions are met.
Additionally, the rezone to “A” Agriculture/Estate Residential is consistent with the current public golf course property, which was expanded as part of the original PUD/CUP. The proposed rezone accommodates further expansion of the public golf course, which is zoned “A” Agriculture/Estate Residential. There is no evidence the proposed rezone and expansion of the golf course with the construction of a maintenance building would have a detrimental impact on the neighboring residential properties.
Based on the above, the City Council finds the requested zoning actions promote housing and recreation and are consistent with surrounding land uses. Additionally, the proposed expansion of the golf course and construction of a maintenance building, if compliant with the terms of proposed amended PUD/CUP, would be in harmony with any existing or imminent development in the area, and should not have any undue and adverse impact on the reasonable enjoyment of the neighboring property nor be detrimental to potential surrounding uses.
Motion Durhman, second Hinderaker to amend conditional use permit for the Highlands of Zumbrota planned unit development and adopt the finding of facts.
8-D. Private Street and Shared Maintenance Declaration
This declaration would protect the City’s interest in the outlots. Property owners would be responsible for putting in their own driveway accesses. They would be allowed to put in a driveway but a road can be constructed in the future. Motion Hostager, second Drenckhahn to approve the private street and shared maintenance declaration. Approved 5-0-0.
8-E. City Purchase of Lot 1, Block 2 The Highlands of Zumbrota Fifth
In order to facilitate the agreement between the Golf Course and Bigelow the City is considering purchasing Lot 1, Block 2 in the Highlands of Zumbrota Fifth. The golf course would then have a first right of refusal for three years. Jensen explained this is a reasonable way to facilitate the agreement, a reasonable price for the lot and gives the Golf Course an opportunity to purchase at a future date. The lot is zoned residential-single family. Bauer stated the lot is worth more than $20,000 so the taxpayers will not be losing money. Motion Hostager, second Hinderaker to approve the City purchase of Lot 1, Block 2 the Highlands of Zumbrota Fifth for $20,000. Approved 5-0-0.
8-F. Right of First Refusal between City and Zumbrota Golf Club for Lot 1, Block 2 The Highlands of Zumbrota Fifth
This right of refusal would be for a three year period. During that time if an offer were made for the lot the Golf Club would have the opportunity to meet or exceed an offer received from another party. Motion Hostager, second Drenckhahn to approve the Right of First Refusal between the City of Zumbrota and the Zumbrota Golf Club for Lot 1, Block 2 The Highlands of Zumbrota Fifth.
8-G. Resolution 2013-03 setting public hearing for Small Cities Development Program grant application
The Southeast MN Multi-County Housing And Redevelopment Authority (SEMMCHRA) is working with the City on an application to DEED for a Small Cities Development Program grant. Motion Hinderaker, second Durhman to approve Resolution 2013-03 setting a public hearing to review a Small Cities Development Program grant application on Thursday, February 7, 2013 at 6:00 PM. Approved 5-0-0.
8-G. Hiawathaland Transit Bus Purchase Local Share Approval
It is time for the City to participate in the purchase of a new bus. The City’s portion is $17,140.84. Motion Durhman, second Hostager to approve the City’s participation of the purchase of a bus for Hiawathaland Transit for $17,140.84
City Administrator Neil Jensen:
Reported there will be an annual meeting for SELM on January 29th. Council was encouraged to let Jensen know if they wished to attend.
Mayor Richard Bauer:
Stated he and Jensen would be traveling to Rochester on January 22nd to discuss the sales tax money from the City of Rochester. He also informed the Council that the EDA is working to establish criteria on how the money will be spent.
Council Member Brad Drenckhahn:
Congratulated Zumbrota native Gus Bradley on his new job as Head Coach for the Jacksonville Jaguars.
Council Member Sara Durhman:
Thanked King and Rockne for their research and presentation on zoning issues.
Meeting adjourned 7:00 p.m.