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Goodview City Council Minutes (03/19/2008)
Goodview City Council

Special Meeting

March 10, 2008

Greg Kuehntopp, Township Board Chairman, and Township Board Member Bruce Speltz were in attendance along with approximately thirty residents from both the Saehler/Anderson and Gunderson/Connaughty subdivisions.

The Mayor stated that the special meeting is being held to finalize the tentative agreement for the annexation of the Saehler/Anderson and Gunderson/Connaughty subdivisions.

Greg Kuehntopp, Township Board Chairman, stated that a date will need to be established for a joint annexation meeting between the City of Goodview and Rollingstone Township as requested by the State of Minnesota.

Mayor Weimerskirch then reviewed the City's possible contribution for water and sewer hook-up fees for the affected flood residents. The Mayor stated that legal counsel was contacted and the City was advised that it would be illegal to use the City's public funds for private purposes. The Mayor presented a newly revamped tax schedule wherein the affected residents would pay less in property taxes than first proposed. The Mayor reviewed the new schedule for taxes payable affecting the annexed residents for the years of 2008 through 2013. The amount that the City will forgo in property taxes will be approximately $293,640. Normally in an annexation situation, City taxes are applied immediately. The City will be implementing a payment schedule that will begin with the Township tax rate and increase each year for six years until the City of Goodview's tax rates will be put into place. This will then lessen the financial burden on the affected flood residents.

The motion was made by Councilmember Bowman and seconded by Councilmember Ledebuhr to approve the tentative agreement for annexation of the Saehler/Anderson and Gunderson/Connaughty subdivisions as presented. Councilmember Brinkman stated that the tax information sheet was self-explanatory and does not financially affect the Goodview residents nor put an immediate burden on the affected flood residents. Councilmember Bowman stated his concerns regarding the annexation and the expense for street, water and sewer maintenance on the City's budget. City Administrator Dan Matejka stated that the City is aware of the costs, but as the streets, and water and sewer lines will be new, the areas should require minimal maintenance and if problems arise, the construction would be under warranty. The Council then voted on the tentative finalized conditions of the agreement for annexation as presented. All voted aye. None voted no. The motion was carried.

The Mayor discussed the date possibilities for the joint public hearing. The City Administrator stated that the hearing date needs to be published in the paper ten days before the actual meeting. It was requested by Township Board Clerk Sandra Evanson, that the City be responsible for the cost of the publication of the joint public hearing. The City Administrator stated that the City would pay for the costs. A tentative date of April 2, 2008 at 7:30 p.m. at the Winona Elk's is being planned and consists of an informational meeting between Rollingstone Township residents and Goodview. Once the meeting is completed, the City of Goodview Council and Rollingstone Township Board members will reconvene in each of their jurisdictions to vote on the annexation.

Motion was then taken to adjourn. Councilmember Brinkman moved and Councilmember Ledebuhr seconded to adjourn. All voted aye. None voted no. The meeting was adjourned at 5:10 p.m.

Goodview City Council Minutes

March 3, 2008

An adjustment to the agenda was made to table Un-finished Business letter A. This was done after consulting with the City's legal advisor on the separation of using public finances for private purposes. This topic will be the only subject on the agenda for a special Council meeting on Monday, March 10, 2008, at 5:00 p.m. at City Hall.

Consent Agenda:Councilmember Andring moved and Councilmember Bowman seconded to approve the Consent Agenda as presented. The agenda included the minutes of the February 25, 2008 regular meeting of the Goodview City Council. All voted aye, motion carried. There was no Community Input or comments.

Each Councilmember indicated they received inquires on the utility project for the Saehler-Anderson and Connaughty-Gunderson sub-divisions. Councilmember Brinkman asked City Director of Public Works, Mr. Greg Volkart, if the plan for the project was to pave all the streets, of which the answer was yes. Mayor Weimerskirch questioned what the plan was concerning doing something about the potholes through out the City. Mr. Volkart informed the Council his crew is working on them.

The Council reviewed the Administrative Reports submitted by each Department Head. Councilmember Brinkman asked about what the City found out concerning having an ordinance/policy about having citizens clearing snow away from fire hydrants in their neighborhoods. He was told the League had no such example, nor does any city in the State have such an ordinance. He suggested the City compile a database of fire hydrants, and tries to start a neighborhood adoption program for each hydrant. Assistant Fire Chief Ives indicated this is something the Fire Department could assist with. The Street Department will provide the database to the Council in the near future.

At 5:10 p.m., the Mayor suspended the regular meeting to open the public hearing on the conditional use permit request of Mr. Henry Hershberger of 4745 West Sixth Street.

Mayor Weimerskirch reviewed some of the concerns of the residents in the area including the petition signed by 55 people within 500' of the property in question. The City Administrator, Mr. Dan Matejka, informed those in attendance the City was required to inform everyone within 500' of the property of the request, which resulted in mailing out approximately 75 letters. He then went over the conditions of the new restrictions submitted by Mr. Hershberger, specifically changing the hours of operation from 9:00 a.m. to 5:00 p.m. to 9:00 to 4:00. Ms. Carmaine Sturino, the attorney for Mr. Hershberger, indicated her client agreed to the revised terms to try to accommodate the suggestions from City staff. The Mayor asked Mr. Hershberger if when he purchased the property he realized it was located in a D-1 Residential Zone. Mr. Hershberger didn't ask because he saw other businesses up and down Sixth Street, so assumed the shed on his property was not only to be used for storage, so he thought it was okay. The Mayor reviewed the differences in the zones between Mr. Hershberger's property and those of the businesses he sited. Ms. Ashley Schroeder (4757 West Sixth), a direct neighbor of the property in question, voiced no complaints or problems with Mr. Hershberger, and believes the restrictions put forth by them are okay. Mr. Eldon Fritz (4742 West Sixth) didn't understand the restrictions put on Mr. Hershberger because a lot of people create noises all throughout the City. Mayor Weimerskirch clarified for Mr. Fritz the City is not trying to change any laws, just the permitted uses for this property. Ms. Sturino indicated the main reason they submitted the request was to try to work with the City, but they still don't agree what Mr. Hershberger is doing is a business - something in her mind the City has not proven to her yet. The Mayor explained tAAhis whole thing started as a nuisance to the neighbors of Mr. Hershberger, and it is hard to hear any argument that at least part of this property is not a commercial operation for a logging company. Mr. Jim Sheehan, owner of the logging company Mr. Hershberger works for, believes what Mr. Hershberger is doing is not any different than a person servicing their personal vehicle and he too doesn't understand the fuss (this is also the view of Mr. Clay Thompson from Spring Grove, MN). He also pointed out the reason the property was bought by Mr. Hershberger was for this exact purpose of servicing these machines. Councilmember Brinkman questioned when the complaints started against this property, of which he was told late spring of 2007. He believes this whole thing is over an action being done that is not very neighborly, and we are now talking about the differences between residential and commercial zoning authority. Mr. Dan Kammerer (730 47th Avenue) indicated he is totally against the request mainly because of the noise and smell produced by working on diesel machines in a confined area like a residential area. He also pointed out there are a number of retirees in the area, and having these loud machines running during the day could be annoying to those residents. Mr. Ken Johnson (4840 West Eighth Street) indicated he used to work on cars in his driveway, but quit because he didn't want it to look like a junk yard and that is his concern with this property. He also questioned where the fluids that they wash off go - into the sewer system. Mr. Mark Prigge (4710 West Sixth Street) pointed out his main concern is having to look at this heavy machinery each time he looks out the front of his house. He indicated he would not have bought his present house if he knew across the street from him was not a residential zone. Ms. Peggy Przybylski (625 48th Avenue) was present to represent her neighbors who couldn't be at the meeting. She pointed out it is her understanding the machines are quite loud when running. She also said there is a concern on the part of the neighborhood that their property values will go down if this request is granted. Mr. Sheehan told the Council these machines are no louder than a normal diesel pickup truck. Councilmember Bowman expressed a few dilemmas; the first is that the City hasn't determined if what Mr. Hershberger is doing is a business or not, and are we looking to change the zoning of this property. The City Administrator pointed out the City reviewed the permitted uses in the ordinance and a logging operation isn't listed. Plus, Ms. Schroeder, Mr. Sheehan, and Mr. Hershberger himself have referred to this operation as a business. Mr. Hershberger's father spoke and told the Council his boy just needs some sharpening up to abide by the laws of the City, and questioned why the parties involved couldn't work out an agreement that everyone can live with. Ms. Sturino questioned the wording of the petition, and if the people who signed it were voting against Mr. Hershberger living there or the permit request itself. Mr. Matejka read the petition word for word, and expressed his belief the petitioners were signing not to allow the permit request and it had nothing to do with Mr. Hershberger living there. She also said because of that potential misunderstanding, the petition should not be considered in the Council's deliberation of the request. The Mayor pointed out he believes the residents who signed the petition, signed it because it is an irritation to the neighborhood due to the fumes and noise. Mr. Fritz questioned if the City changed the ordinance about the shed since it was built. Mayor Weimerskirch reviewed the history, and pointed out the purpose of the shed has always been for storage and nothing else. He then read, word for word, the permitted and conditional uses allowed in a D-1 zone. Councilmember Andring moved and Councilmember Brinkman seconded (after two requests for a second by the Mayor) to deny the conditional use permit request. Councilmember Andring stressed the reason for his motion is it is the duty of the Council to represent all the citizens of the City. During the discussion portion of the motion, Councilmember Bowman indicated the operation is not a customary operation for a D-1 zone in the middle of the City of Goodview. He also mentioned he still isn't convinced it is not the maintenance part of a business. Councilmember Brinkman pointed out that this request has received the most opposition than any other request he can remember, and it may be too late to overcome that opposition. He went on to say the thought process behind a conditional use permit request being granted is that it is okay with all people involved, and clearly this one is not okay with everyone. Mr. Schroeder (4757 West Sixth) indicated he was never asked to sign any petition, and questioned if Mr. Hershberger should have been informed of the opposition against the request. Ms. Patricia Brang (710 49th Avenue) told the Council she was asked if she had received a letter before she was asked to sign the petition, which she then signed. Councilmember Ledebuhr questioned what happens if the Council denies the request, but Mr. Hershberger continues to do what he is doing. The City Administrator indicated the City would continue to site Mr. Hershberger for violating a City ordinance. The Mayor pointed out the Council could grant a temporary/interim permit for less than the one-year requested (i.e.; 9-month, 6-month, etc.). Mr. Hershberger was asked when his busy time of the year is, and how many people work on the machinery besides him. He responded stating the winter and upcoming spring break season is his busy time, and that he is the only one working on the equipment. Plus he added it is not an everyday occurrence, as it is very sporadic. The motion on the table to deny the request passed four to one, with Councilmember Bowman the one vote against the motion. Councilmember Bowman then moved to grant a three-month temporary/interim conditional use permit, which will be reviewed at the end of the three months for renewal. Councilmember Ledebuhr seconded the motion (after two requests for a second by the Mayor). He expressed he was still confused over what the City can do if the permit is not granted. Councilmember Brinkman indicated he likes the concept of having these restrictions put on the request for a short time to see if Mr. Hershberger can make them work. Ken Johnson once again expressed his main concerns being the noise and vibrations from the machinery. The hours of operation were clarified for Mr. Hershberger to dictate no machines will be running at anytime before 9:00 a.m. and after 4:00 p.m., and the days the operation can run are only Monday through Friday, with no Saturdays, Sundays, or holidays. The Council voted on the three-month permit request, and it passed three to two with Mayor Weimerskirch and Councilmember Andring voting against it.

At 6:30 p.m., the Mayor closed the public hearing on the conditional use permit request and opened the public hearing on the water treatment plant to be built in We Valley.

Mr. Bill Trygstad, City Engineer, reviewed the reasons why the City needs to build this plant along with another one located on West Fifth Street. Currently the City is working with the MN Dept. of Health to get the final plans approved, and once that happens the project will be on course to start this spring (to be completed by July of 2009). He presented elevation views from all four sides of the We Valley project, which will be an addition on to existing well house #4. The new building will be three times the size of the current building, and will include a public restroom. The construction should not affect the ball field, and this has been relayed onto the Goodview Sandlot Baseball officials. There were a few questions from those residents in attendance, but their main concerns were size and appearance of the building, and the roof.

At 6:50 p.m., the Mayor re-opened the original meeting.

The announcement of the August 2007 Flood Forum to be held on April 4, 2007 was reviewed by Council.

The Council suggested a slight change in the hours of operation on Saturdays for the compost site for 2008, and agreed with Mr. Volkart to extend the weeks of operation from 31 to 33.

The City Administrator reviewed the principles of the agreement with the Winona Park Recreation Department for the 2008 summer offerings. He will work with that department and finalize the details and will bring the final agreement back to the Council for approval at the next meeting.

The Council expressed their desire to have each Department Head (including the Fire Chief), plus one staff member from each department to complete an evaluation of the City Administrator using the forms provided. The Mayor and Councilmember Ledebuhr indicated they wish to have these forms returned to them by March 15, 2008, for their review. Councilmember Bowman believes by having the staff involved it will give them a sense of input, trust, and will help build relations.

Councilmember Bowman moved and Councilmember Ledebuhr seconded that RESOLUTION NO. 0781, A RESOLUTION APPROVING THE FINAL PLAT OF THE BROM WOODS TOWNHOUSE ASSOCIATION, be adopted. All voted aye. The Resolution was declared adopted.

The Council was informed that the County Board of Appeals meeting will be held on Monday, April 7, 2008, at 5:00 p.m. in the City Office Building.

Councilmember Bowman moved and Councilmember Brinkman seconded that RESOLUTION NO. 0782, A RESOLUTION OF APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORTIY FOR A LOAN FROM THE DRINKING WATER REVOLVING FUND, be adopted. All voted aye. The Resolution was declared adopted.

Councilmember Ledebuhr moved and Councilmember Andring seconded that RESOLUTION NO. 0783, A RESOLUTION TO RECEIVE A GRANT THROUGH THE MINNESOTA PUBLIC FACILITIES AUTHORITY, be adopted. All voted aye. The Resolution was declared adopted.

The City Administrator reviewed opportunities for Councilmembers to receive certification for Board of Review training. He also informed the Council of a bill making its way through the State legislature mandating that all cities adopt the State Building Code. He will keep the Council up-to-date on this bill as it progresses through the system.

There was a little discussion by the Council on the Saehler-Anderson and Connaughty-Gunderson sub-division project, but all of it will be reviewed again at the special meeting on Monday, March 10, 2008, at 5:00 p.m.

Councilmember Brinkman moved and Councilmember Ledebuhr seconded to adjourn the meeting. All voted aye, motion carried.

Adjournment at 7:22 p.m.



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