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Zumbrota, MN
Bridging the Past and the Future

October 20, 2005 Council Minutes


          REGULAR MEETING     October 20, 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, Absent Dave Benson.  Others present: City Administrator Neil Jensen, City Accountant Kim Simonson, Public Works Director Rick Lohmann, Community Development Director Angie Bersaw, Police Chief Gary Selness, Reporter Sandy Hadler, Brian Haugen, Jim Wedge, Brad Nord, Conway Jacobson, Atlas representatives Randy Sparling, Merle Lemmer, Jamie Kleis, Danelle Lindman, Kelly Hafeman, Mark Bonovetz.


The meeting opened with the Pledge of Allegiance.




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




            Motion Eberhart, second Grothe, to approve the regular meeting minutes of 10/06/05.  Carried 4-0-0.




Motion Grothe, second Borgschatz to approve the accounts payable of $361,853.00.  Carried 4‑0‑0.





New Business:


8-B.  Resolution 2005-25 Set Public Hearing TIF No. 1-17 Atlas Cold Storage.


8-F. Resolution 2005-26 Calling for a Public Hearing on the Proposed Business Subsidy to Atlas Cold Storage.


Atlas Cold Storage was at the meeting to present the council with their plans for a $4.4 million, 45,000 square foot expansion.  This would result in approximately 11 new full time equivalent jobs and annual wages of approximately $240,000.   Atlas is requesting Tax Increment Financing to help make the project feasible to build in Zumbrota.  The council would need to set a public hearing to take input on the Tax Increment District and Business Subsidy.  Therefore:


            Motion Borgschatz, second Eberhart to approve Resolution 2005-25, Set Public Hearing          TIF No. 1-17 Atlas Cold storage.  Carried 4-0-0


            Motion Grothe, second Borgschatz to approve Resolution 2005-26, calling for a public             hearing on the             proposed business subsidy to Atlas Cold Storage.  Carried 4-0-0


8-G.  Atlas Cold Storage Letter of Intent to Develop Agreement. 


Atlas Cold Storage has intentions to pursue approximately 45,000 square foot expansion. The Letter of Intent lays the ground work prior to the Developer’s Agreement.  The city is requesting reimbursement for expenditures occurred if the project fails to materialize.  Atlas is requesting the city to acknowledge site work and not disqualify the application for Tax Increment Financing.


            Motion Eberhart, second Grothe to approve the Intent to Develop Agreement with Atlas           Cold Storage.  Carried 4-0-0


8-D.  Brad Nord Bird Flu Discussion:


Brad Nord was available address the council about his concerns of the bird flu that is starting to become a world concern.  He stated this flu is going to be a pandemic.  It is not a matter of if but when it will become pandemic.  He offered a web site to research ( the flu.  He stated he wanted the council to be aware of the situation and urged them to think about ways to become proactive.




7-A. Police Department:


Mayor Bauer reported that City Administrator Neil Jensen has received the draft contract from the union and the police committee is in the process of reviewing the agreement.  The union had expressed interest to explore Paid Time Off.


7-B.  Rodgers Softball Park:


Councilmember Borgschatz reported that he has worked with Kory Matthees to draft plans of the new concession stand at the ball fields.  Projected material costs are from $20,000 to $25,000.  Councilmember Borgschatz suggested that a rock picker be used to pick up the large number of rocks in the infields



7-C.  Amended By-laws (EDA):


Councilmembers discussed the EDA By-Laws.  The by-laws replace the enabling resolution that has been used since 1988.  The EDA does not currently have a specific set of bylaws.  Community Development Director Angie Bersaw drafted a set of bylaws and City Attorney Matt Rockne reviewed them for compliance.  At their September meeting the EDA approved and recommended the bylaws for approval to the City Council.   There was no further discussion.


            Motion Grothe, second Borgschatz to approve the By-Laws of the Economic    Development Authority.  Carried 4-0-0


7-D.  Sanitation Proposals / Contract Approval:


The council received the draft contract from Waste Management for review.  City Administrator Neil Jensen explained there are two areas to which the council should respond.  The first is the request for CPI increase and the second is the increase in tipping fees outside of the control of Waste Management.  The council agreed to have a final draft contract brought back with these two items removed and language inserted which requests any fee increase be brought to the council for approval.


            Motion Grothe, second Eberhart to have the changes made to the draft contract and have          City Administrator Neil Jensen bring back a final draft for approval.  Carried 4-0-0


7-E.  2005-05 Zoning Ordinance Amendment C-2 Retail Discussion /Approval:


Discussion was held on the zoning ordinance amendment.  This amendment changes the maximum square footage of a C2 Retail Building from 15,000 square feet to 30,000 square feet.  Retail buildings with square footage of 30,000 to 50,000 would be considered on a conditional use permit basis. 


            Motion Grothe, second Borgschatz to approve Ordinance 2005-05 Zoning Amendment            C-2 Retail.  Carried 4-0-0


7-F.  Bucket Truck Repair/Estimates:


The City Council reviewed two quotes from ABM Equipment and Supply ($4,699.85) and DUECO ($6,431.00) to bring the bucket truck into compliance for certification.  The bucket truck needs certification each year according to MNDOT.  Discussion was held previously on the desire to look for a different used truck or repair the existing one.  It was determined that for under $5,000.00 the city should make the repairs on the city’s bucket truck.


            Motion Borgschatz, second Grothe to approve the quote from ABM Equipment and     Supply for $4,699.85 to repair the bucket truck for certification.  Carried 4-0-0


7-G.  Performance Review Neil Jensen:


Mayor Bauer received performance reviews for City administrator Neil Jensen from all council members except Dave Benson. Mayor Bauer asked for a councilmember to review the performance reviews meet with City Administrator Neil Jensen.  Councilmember Grothe volunteered to sit on the performance committee. 





7-H.    Ordinance 2005-07 Prohibiting the Operation of ATVS on City Streets and         Thoroughfares:


Discussion was held on the operation of ATV’s on city streets and thoroughfares.  There are exceptions to riding ATV’s on city streets with the use of a permit during special events (Covered Bridge Festival, etc.).  There were comments as to what is classified as an ATV with one example being the “Off Road Vehicle (Mule)”.  Police Chief Selness explained the different classifications of ATV’s.


            Motion Grothe, second Eberhart to approve Ordinance 2005-07 Amending City Code             Chapter 71, prohibiting the operation of ATV’S on City Streets and Thoroughfares.              Carried 4-0-0




8-A.  2005 Budget Amendments:


City Accountant Kim Simonson addressed the council on several budget amendments to bring the budget back into balance.  Listed below are her recommendations.



Street-Department services                               3,000.00

            To cover mowing

Employee Safety-Training                                 4,175.00

            MMUA Safety program

Public Safety                                                   21,000.00

            New sirens

                        Contingencies                                                               28,175.00       

Planning and Zoning-PT Employees                  4,000.00

                        Street-PT Employees                                                      4,000.00



Seal coat expense                                         185,000.00

Engineering                                                       3,000.00


                        Prior years cash                                                          188,000.00


Other equipment                                              52,000.00

                        Prior years cash                                                             52,000.00


Water Mnt/WAC Fund                                  34,947.50

Sewer Mnt/SAC Fund                                    34,947.50


                        Cap Prjs:Jacobsons                                                      69,895.00

(To use WAC/SAC fees for city ordered oversizing in development)


            Motion Eberhart, second Grothe to approve budget ammendments and transfers as listed.         Carried 4-0-0


8-C.  Maintenance Well #4:


Public Works Director Rick Lohmann has received quotes from two well companies; Thein Well and Bergerson-Caswell.  Estimated costs for the repairs range from $15,380.00 to $21,500.00.  Public Works Director Rick Lohmann recommended approval of the bid from Bergerson-Caswell to remove, inspect and reinstall the turbine pump for the amount of $3,725.00.  The remaining costs are to be determined when the pump is pulled and inspected for worn or damaged parts.  Public Works Director Rick Lohmann stated that although Bergerson-Caswell is higher on the removal and install, company has a proven history of lower costs on the total work completed.


            Motion Borgschatz, second Grothe to approve the bid of Bergerson-Caswell to remove,           inspect and reinstall the turbine pump in well #4 for $3,725.00.  Carried 4-0-0



8-E.    Safety Deposit Box Signature Approval:


City Accountant Kim Simonson will need approval from the council to enter into the Safety Deposit Box.


            Motion second to approve Kim Simonson access into the Safety Deposit Box at the Bank         of Zumbrota.  Carried 4-0-0





City Administrator Neil Jensen:


City Administrator Neil Jensen  asked the council if there was interst in going to the LMC Conference in Rochester.  Preregistration is due by October 31st. Interested councilmembers were asked to reply by October 28th for registration.  Administrator Jensen also reported that the lease is coming due on the copier.  The current copier will be replaced with a new color copier.  The costs of the lease and maintenance contract will be less in cost than the previous contract.  The lease will be for 3 years.


City Accountant Kim Simonson:

Stated she is getting settled in to her position and Mary Rohe is a good teacher.


Community Development Director Angie Bersaw:

Community Development Director Angie Bersaw reported that a Planning and Zoning member resigned and would like to advertise for the volunteer position.


            Motion Grothe, second Borgschatz to advertise for a Planning and Zoning position.        Carried 4-0-0


Public Works Director Rick Lohmann: 

Reported the F.F.A. will be raking and cleaning up the East Park 


Mayor Bauer adjourned the meeting at 6:53 p.m.


                                                                                    _______________________________                                                                                              Neil Jensen City Administrator


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