Zumbrota, MN 

Bridging the Past and the Future

October 5, 2006 Council Minutes







REGULAR MEETING      October 5, 2006   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, Doug Borgschatz, Michael Feil, Betty Jo Grothe.  Others present: City Administrator Neil Jensen, City Accountant Kim Simonson, Public Works Director Rick Lohmann, Police Chief Gary Selness, City Attorney Matt Rockne, City Engineer Bill Angerman, Jim Wedge, Geno Wente.


The meeting opened with the Pledge of Allegiance.



Mayor Bauer requested the Work Session minutes be added to the agenda.

             Motion Eberhart, second Grothe, to adopt the agenda as amended.  Carried 5-0-0.



            Motion Borgschatz, second Grothe, to approve the regular meeting minutes of   9/21/06.  Carried 5-0-0

            Motion Grothe, second Feil to approve the minutes of the Work Session of                   9/21/06.  Carried 5-0-0


Motion Eberhart, second Borgschatz to approve the accounts payable of $319,382.64.  Carried 5‑0‑0




No Comments




7-A   Police department:

Mayor Bauer reported that the background checks were being processed and that the results would be back in about a month.  Also there is no new news on the police contract and a hard copy is not available. Councilmember Borgschatz questioned Chief Selness about the scheduling of officers during the absence of an officer.  Chief Selness reported that the School Resource Officer has filled in time slots as needed.  City administrator Neil Jensen reported that Rodger Ruekert Z/M School Superintendent questioned if there would be a reduction in the amount they participate in the SRO Agreement.  Mr. Jensen stated that he would review the amount of time spent outside of the school and make adjustments in the contract.



7-B  Window Wells Zimmerman Building:

The request for installation of window wells in the Zimmerman Building was reviewed by the council at their last meeting.  It was discussed that the amount of room that is available on the 3rd Street side in minimum and installation of the window wells would be prohibitive. City Attorney Matt Rockne stated that the city received temporary easements for the sidewalk construction on Main Street and that several businesses were not in favor of permanent easements so they were not sought at that time.  Councilmember Borgschatz stated that he looked at the building and stated that on the 3rd Street side the sidewalk is not wide enough to install the window wells and that the window wells if installed on Main Street should be installed to prevent a pedestrian issue.  Councilmember Eberhart suggested that the glass block be taken out and windows installed above the sidewalk and that he would discourage window wells in the sidewalk. 


            Motion Feil, second Grothe to deny any easements for window wells on 3rd Street         and to not participate in any costs associated with the construction of the window     wells.  Carried 5-0-0


7-C  Waste Management Single Sort Recycling:

Geno Wente was in attendance to answer any questions the council had on the new single stream recycling program.  Councilmembers received a power point presentation on single stream recycling at their last meeting.  Councilmember Feil reported that he thinks any increase in recycling is a great thing to have in the city.  City Administrator Neil Jensen questioned the savings in the 35 gallon cart fee.  Mr. Wente stated that the savings is in the tax paid because more of the fee is distributed into the recycling side of the billing. Based on a favorable response from the council they agreed to proceed with an amendment to the contract.


            Motion Eberhart, second Grothe to proceed with the contract amendment of     Waste Management to single stream recycling and bring back to council for   review.  Carried 5-0-0 




8-A   Lance Quam Lot Request:

Lance Quam inquired about the vacant lot that Grover Auto recently owned and was part of the packaged deal with the city.  The parcel is located on the corner of West Avenue and Fourth Street.  Mr. Quam is interested in putting a laundry mat on the property.  The zoning on the property prohibit a building of any size to be constructed and requires additional parking.  Mr. Quam requested from the council if they would have any negative reactions to the sale of the lot or the facility proposed.  City Administrator Neil Jensen reported that there is contaminated soil on the lot and that MPCA will be notified as to the extent of clean-up involved.  This will likely involve additional engineering for the Grover Site.  Councilmember Feil requested that if rezoned that the entire half block be considered as it would be appropriate taking into account the remaining buildings do not meet the setbacks and that the fact this laundry mat would be handicap accessible.  Community Development Director Dan King reported that this would go to the EDA and Planning Commission this month. 


 8-B West Avenue Garage 109 West 4th Street


Charlie and Ricki Sibley were present to discuss their garage at 109 West 4th Street.  The garage was built abutting the creek on West Avenue.  The city issued a variance at that location for the garage finished floor to be at or above the regulatory 100 year flood plain elevation.  The 2005 Reconstruction project included sidewalk on the West Avenue side of the garage.  The sidewalk is approximately 10 feet from the garage.  The previous owners of the property were to supply a certified copy of the floor elevation to the city to meet the requirements of the variance.  The garage floor is well below the required 100 year flood elevation and the new sidewalk.  At the last meeting Council agreed to allow Neil Jensen to negotiate a deal with the owners and bring back to the council for consideration. Council asked the Sibley’s if they would be interested in participating in the costs to raise the garage to the required flood plain elevation.  City Administrator Neil Jensen stated that there should be some involvement with the previous owners who constructed the garage.  The Sibley’s stated that they should not be responsible for any costs because they did not create the issue.  The council was not interested in assuming all the costs of raising the garage.  It was decided that City Attorney Matt Rockne should be involved.


8-C Rezone Zumbrota Ford Parcel # 72.100.0420:

Zumbrota Ford currently owns parcel #72.100.0420 and is zoned R-1 Single Family Residential.  The parcel is surrounded by C-2 Highway Commercial. As Part of Zumbrota Ford long term goals in business expansion Steve Johnson owner requested a rezone from R-1 to C-2.  A public hearing was held with the Planning Commission and in which no public comment was heard.  The Planning Commission recommended to the City Council the rezone of parcel #72.100.0420 from an R-1 Residential to C-2 Highway Commercial.


            Motion Grothe, second Feil to approve the rezone of parcel #72.100.0420  at 1500     West Avenue from R-1 Residential to C-2 Highway Commercial.  Carried 5-0-0


8-D November 2nd Council Meeting Reschedule:

Mayor Bauer requested the council to reschedule the November 2nd council meeting to November 9th 2006.

            Motion Grothe, second Borgschatz to reschedule the November 2nd council      meeting to November 9th, 2006.  Carried 5-0-0


8-E  Step Increase City Administrator Neil Jensen


City Administrator Neil Jensen is scheduled for a step increase and performance evaluations were done in April.  The increase is from step 4 to step 5. Mayor Bauer suggested to the council to extend the time frame for moving expenses for one year.


            Motion Grothe, second Borgschatz to extend the time frame for moving expenses          for one year.   Carried 5-0-0


            Motion Borgschatz, second Eberhart to approve a step increase for City           Administrator Neil Jensen from Step 4 to Step 5.  Carried 5-0-0


8-F Icing Sand Quote Approval


Schumacher Excavating submitted a quote for icing sand at $5.50 loaded yards or $4.90 per yard out of the pile. 


            Motion Eberhart, second Grothe to approve the Schumacher Excavating Quote for       icing sand at a not to exceed $5.50 per loaded yard for approximately 400 yards.     Carried 5-0-0




City Administrator Neil Jensen:

City Administrator Neil Jensen reported that the site that was selected for the Cold Storage Building has small utilities in the area.   He contacted the Minnesota Energy gas company and Excel Energy about the cost of removal of their lines.  The Minnesota Energy gas company will remove their line at no cost but Excel Energy is expecting to be compensated for their expenses.  Mr. Jensen stated that this project is in the public interest of the city and that the lines should be moved at Excel Energy’s expense.  He also stated that the city should review the franchise agreement the city has with Excel Energy.  Councilmember Feil reported that the phone Company has a line in the area and he would mark it to see where it is located.  City Administrator Neil Jensen stated that the council should be aware of the fact that there might be some reluctance of Excel Energy to move their power line without costs.


City Engineer Bill Angerman:


City Engineer Bill Angerman that of the 25 homes constructed in the Highlands Golf Course Development all the residents were from outside of Zumbrota.  Also the Woodlands Second Addition is in the process of being paved with the wear course.


City Attorney Matt Rockne:


Reported that although the city does not have a easement over the sidewalk on Main Street. The city may have an implied easement by use.


Mayor Bauer:


Mayor Bauer reported that the council should set up a meeting with the fire department officials and brought up for discussion the time line on receiving council information and decision making. 



Councilmember Eberhart:

Councilmember Eberhart thanked Chief Selness on the timely response during the recent fire and reinterated the reason the police officers should be in close response time of Zumbrota. 




Mayor Bauer adjourned at 8:10.




Neil Jensen City Administrator




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