Zumbrota, MN 

Bridging the Past and the Future

May 16, 2013 Council Minutes






MAY 16, 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, City Accountant Kim Simonson, Community Development Director Dan King, Public Works Director Rick Lohmann, City Attorney Matt Rockne, Police Chief Gary Selness, City Engineer Bill Angermann, Lance Patterson, John Seymour, Eric Schwartz, Fred Groth, John Seymour, NewsRecord Reporter Tara Chapa, Dave Grimsrud, Al Schumacher, Lew Groth, Elizabeth Groth, Officer Gene Leifeld, Officer Gary Schroeder,  Officer Rob Jarrett, and Jim Wedge, Judy Rogers, Genella Mussell, Tony Becker and Lisa Becker.


The meeting opened with the Pledge of Allegiance.



Motion Drenckhahn, second Durhman to adopt the agenda.  Approved 5-0-0 .



Motion Hinderaker, second Hostager, to approve the regular City Council meeting minutes of   May 2, 2013.  Approved 5-0-0.


Motion Hinderaker , second Drenckhahn, to approve the regular Fire Board meeting minutes of   May 2, 2013, with corrections.  Approved 5-0-0.



Motion Drenckhahn, second Durhman to approve the accounts payable of $50,384.22.

Approved 5-0-0.



6-A.  435th Street Improvements (6:05p.m.)

There were many residents in attendance to hear of the City’s plan to improve 435th Street.  This street, when finished, will offer access to the Highlands Development after the Golf Course parking lot access is closed.  City Engineer Bill Angermann presented a report outlining the project.  The project must meet Minnesota statute 429 for special assessments which will be made to the Developer.  He shared a location map showing where project is, copies of the engineer’s report.    The estimated cost of the road is $339,000.  $169,500 is the responsibility of the developer.  The City currently owes $60,000 to the developer for watermain oversizing.  Payment of that will bring the developer’s cost to $109,500.  The developer plans to pay $9,500 and have $100,000 assessed to certain parcels.  The remaining half will be paid by the City.  assessments The property to the north has not been included in the assessment but the engineers are reviewing options to recoup those costs if this land is platted in the future.  Council is now soliciting input from the public to see how they should proceed.  Eric Schwartz questioned why the City would construct a road that long in a downturned economy.  He asked if it would be cheaper to condemn the property north of the golf cart sheds and build a road.  Mayor Bauer reminded Schwartz there have been a multitude of negotiations between the developer and the Golf Board and the Golf Course is unwilling to sell that property and  the City is not interested in eminent domain.  Lew Groth, a resident in the Highlands, added his support to use eminent domain.  He said he cannot understand why the Golf Board won’t work with the developer and the City since the Golf Course had received so much for free.  Fred Groth, property owner to the north of 435th, expressed his displeasure about the road directly in front of his property becoming the access to the Highlands.  He had been under the impression that 435th would be dead ended and an alternate access would be built.  He stated that carving down the hill would make his driveway too steep to navigate.  Angermann explained the road will be widened slightly and the hill will be cut down about one foot.  He also reminded Groth the design is preliminary at present.  He and Public Works Director Lohmann would like to  look at his driveway and discuss solutions.  It is in the City’s best interest to make Groth’s driveway functional.    Schwartz asked if there were considerations made on how to safely access County Road 6.  Schwartz talked about speed limit concerns and asked how they would be addressed.  John Seymour sounds like 435th will be done at some point.  Elizabeth Groth asked if the road going north to 435th would be paved this year and was told it will be.  Also, the current plans are to have 435th paved by November 1st.  The process is extended due to the special assessment process.  Mrs. Groth expressed concern about all the hills within the development as well as 435th Street, calling them treacherous in bad weather.  Genella Mussell, a Minneola Township resident asked again why the access was now going to be 435th when the affected township residents had been told it would be dead ended.  Administrator Jensen clarified and said that although that was discussed there were never any plans to construct that road until the 6th and 7th additions were built.  That could be as much as a decade away and a solution needs to happen now.   Mayor Bauer asked Lew Groth if he believed the road should not go in.  Groth said it should but it should go by the golf cart sheds and the City should condemn the Golf Course’s land.  Highlands resident Lance Patterson stated he believed is it a safe assumption the engineers have to sign off on road count and grade and that construction be willy-nilly.  Mayor reminded people no road is 100% safe but the new road will meet requirements.  Angermann added the road will better than it is now.  He will check with the County about lighting and turn lanes.  Fred Groth asked the council if he should hire a lawyer to keep the City from cutting down the hill and ruining his driveway.  Elizabeth Groth expressed frustration that the concerns of those present had fallen on deaf ears. Highlands’s resident John Seymour said although he would prefer the road by the cart sheds he supports 435th.  He would like to see the road constructed and be finished dealing with the Golf Course.  Hearing closed 6:54 pm.


Unfinished Business:

7-A.  Joint Powers Agreement Fire Board

At the last Fire Board meeting Minneola Township, Pine Island Township and the City agreed to approve the agreement.  Roscoe Township was not present and Zumbrota Township wanted to take it back to their constituents.  Now Dean Tiedemann has asked that a single representative of the City be present at the next meeting to discuss negotiations.  Mayor Bauer said he is fine with one person being there to negotiate and he would like another Council member there to listen.   Council member Hinderaker stated that negotiations have been going on for eighteen months and the presence of the full council at meetings has not expedited the process.  He had been encouraged by the orderliness of the budget meeting but was concerned about the lack of control over the regular meeting.  He suggested secretarial support be at the meetings to keep an accurate record of the proceedings.  Durhman said she thinks the Council has to come up with percentage numbers they can live with.  She and Hostager had attended the Zumbrota Township meeting and said that the township wants a ratio that takes into consideration some combination of population, estimated market value and land value.  She said the City needs to continue to be proactive.  Mayor Bauer responded by saying the City has been offering all kinds of different solutions but is again starting over.  He said he understood Durhman’s sentiment but feels the bottom line is that the townships want to pay less and they in turn want the City to pay more.  He reminded those present that the taxpayers of Zumbrota paid $750,000 for the fire hall with no contribution from the townships.  The City in turn said they would take that off the table if market value was used in determining the percentages.  Durhman said she doesn’t believe the township representatives understand that to which Hinderaker replied that he was unwilling to make any assumptions about what the townships do or do not understand.  Drenckhahn said even when the City has offered to pay more that is unacceptable to the townships.  New discussions need to take into account that the cost of the building and rent could affect the budget.  Hinderaker said the City has covered their share and a little more and his goal was to pay the City’s share and no more.  He said the City has nothing to be ashamed of.  Hostager said she came away from the township meeting with the understanding that Zumbrota Township wants to slow the process down because it is going too fast for them and that is why they were requesting the smaller group.  Durhman added that the Council has to think of what is fair to everyone today, not what had happened in the past.  Mayor Bauer said at the last public meeting the City and two townships agreed to an agreement.  He said as far as he understood the agreement was still at that point.    The Mayor and Hostager will attend the next meeting on June 4th



8-A.  ZAAC and State Theatre Street Closure Request

The State Theatre will be hosting a showing of the movie “American Graffiti” along with a car show on Saturday July 27th.  They have requested they be allowed to block East Avenue on the 300 and 400 blocks.  They would leave 4th Street open for traffic.  Motion Hinderaker, second Durhman to approve the ZAAC and State Theatre Street Closure Request for July 27th.  Approved 5-0-0.


8-B.  Resolution 2013-14 Ordering Improvements 435th Street Project

Durhman asked whether the 30 mph speed limit could be extended past the turn to 435th Street.  Angermann said he will ask but thinks it is doubtful.  Jensen asked Angermann to take into special consideration Fred Groth’s driveway and sight distances at the 435th and CR 6 intersection.  Hostager asked if there were any way to put a curve in the road to slow traffic.  Angermann said that the City owned no additional land to do that.  Hinderaker said there are challenges with development and safety but the City’s greatest challenge is providing access for the residents.  Durhman expressed frustration that those who were present at the beginning of the meeting were unaware of all the negotiations which had gone on.  She said lots of options have been considered and this is the only option we have left.  Angermann was directed to work with Fred Groth to come to a solution for his driveway issues.  Working with Groth was the biggest issue to Council member Drenkhahn.  If that was done he said he would be in favor of moving on with the project.  Motion Durhman, second Hinderaker to approve Resolution 2013-14 Ordering Improvements 435th Street and directing preparation of final plans and specifications.  Approved 5-0-0.


8-C.  2013 Annual Liquor License Renewals

The following 2013 Zumbrota liquor licenses were presented to the Council for approval:

Covered Bridge Supper Club On & Off Sale & Sunday Liquor

Stary-Yerka Post VFW  5727 On & Off Sale & Sunday Liquor

Zumbrota Golf Club                           On Sale & Sunday Liquor

Zumbrota Liquor Store                       On & Off Sale Liquor

Bridget’s Café                                    On Sale Wine and 3.2 Beer

State Theatre (ZAAC)                        On Sale Restricted Wine & Strong Beer

Crossings at Carnegie                         On Sale Restricted Wine & Strong Beer

Kwik Trip Inc. #463                           Off Sale 3.2 Beer

Zumbrota Super America                   Off Sale Liquor

Motion Hinderaker, second Drenckhahn to approve the 2013 annual liquor license renewals.  Approved 5-0-0.


8-D.  2013 Zumbro Woodlands Second Minor Subdivision

Community Development Director King asked the Council to approve a minor subdivision in the Woodlands Second.  It was discovered that some land which was originally intended to be deeded as parks had not been recorded.  Upon further examination it was decided to split the lot in the Woodlands into three pieces.  One will be for parks and the other two will be in the control of the homeowner’s association.  The Park Board had looked at it and the Planning and Zoning Commission recommended its approval.  Motion Drenckhahn, second Durhman to approve the Zumbrota Woodlands second minor subdivision. Approved 5-0-0.


8-E.  Planning Commission Resignation and Appointment

Chuck Rohe has asked to resign from the Planning and Zoning Commission.  Betty Jo Grothe has volunteered to take his place.  The Planning and Zoning Commission recommends this change.  Motion Hostager, second Durhman to accept the resignation of Chuck Rohe from the Planning and Zoning Commission and to appoint Betty Joe Grothe in his place. Approved 5-0-0


8-F.  4th Street Sidewalk Repairs

Before the resurfacing of County Road 10 the City needs to fix several areas of sidewalk and curb because of tripping hazards on 4th Street.  The State Theatre, Zumbrota Telephone Company and Kay Roshon will also be having cement work on their property fixed at this time.  Lohmann has been attempting to receive bids from area contractors.  Only one was received as follows:

$4000 for 7’x170’ city sidewalk and alley approach

$1600 for 64’ of curb 310 4th Street

$1150  for 4’x90’ sidewalk 310 4th Street

 Lohmann recommended accepting the bid from SSJ Construction for $6750.  Motion Durhman, second Drenckhahn to approve the bid from SSJ Construction in the amount of $6750.  Approved 5-0-0.




Community Development Director Dan King:

Informed the Council the Covered Bridge Festival Parade will need to be rerouted to West Avenue due to the Highway 58 reconstruction.   The  Nature Valley Bike race will be coming through town on the Thursday of Covered Bridge Festival which is also the evening of Zumbrota Rocks the Block.


Public Works Director Rick Lohmann: 

Told the Council the last snow storm took a toll on trees and the City crew was still working on cleanup.  Rochester Sand and Gravel will be setting up a blacktop plant set.  As soon as it is up and running blacktop will be purchased to repair potholes.  He reminded the Council Waste Management Cleanup day is Saturday from 8:00am to noon.  The  4th Street storm sewer project is buttoned up and graveled. 



Reported the Library Board has approved the County SELCO library board agreement.


Council Member Dale Hinderaker:

Reported the EDA has approved a six month extension on the option to purchase the Grover property.  He has also been in touch with Craig Benson and some progress made on the property clean-up. 


Meeting adjourned 7:50p.m.


                                                                                    NeilJensenCity Administrator


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