Zumbrota, MN 

Bridging the Past and the Future

July 6, 2006 Council Minutes


          REGULAR MEETING     July 6, 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, Absent 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, City Engineer Bill Anderson, News Reporter Sandy Hadler, Jeff Pera, Jim Wedge, Sharon Isenberg, Dick Benskofer, Paul Qualy, Stephanie Edel, Merle Edel, Terry Hofstad, Karen Desharme, Robert Hoksch, Bill Anderson, Rosella Staub, Steven Zeilsdorf, Carol Zeilsdorf, Doug Beck, Allen Schumacher.


The meeting opened with the Pledge of Allegiance.



Mayor Bauer added to the agenda 8-I Change Order #1 2005 Reconstruction Project; 8-J Change Order request #2 2005 Reconstruction Project;  8-K Maintenance Agreement Minneola Township.

               Motion Borgschatz, second Feil, to adopt the agenda as amended.  Carried 4-0-0.



            Motion Eberhart, second Borgschatz, to approve the regular meeting minutes of 6/15/06.           Carried 4-0-0




Motion Feil, second Eberhart to approve the accounts payable of $62,206.38.  Carried 4‑0‑0



Paul Qualy commented on the 2005 Audit and the progress of the 2005 Reconstruction  Project.


Public Hearings: 

Public Hearing 14th Street Improvement 6:05

Mayor Bauer opened the public hearing at 6:05 to take comments on the proposed improvements to 14th Street East, a one block dead end going east from East Avenue for approximately 265 feet.  The project impacts five residents in which a petition was received from over 35 % of the owners.  The project includes aggregate base, curb and gutter and bituminous pavement.  The engineers estimated costs including city costs were $40,900.00.  City costs include the front footage of the north alley way and the 25% of the two side yards per city policy.  City Engineer Bill Angerman reviewed the project with the public and council. Mayor Bauer asked for comments from the floor.  Terry Hofstad stated that he has lived there for 28 years and that no work has been done on the road and has been poorly maintained.  He stated that the city should be more responsible and pay more than the $6,000 for the project.  He also stated that he has a water problem that should be attended to and the installation of a street would block the water flow further.  He also questioned why the street needed to be that wide and that a better aggregate base needed to be put down.  Robert Hoksch spoke to the council about the width of the road should be the same as 14th Street across East Avenue which is 28 feet and the fact that the property owners on the end are not participating in the costs. He also stated the need for a cul-de-sac for an easier turn around.  Karen Desharme representing Southeastern Minnesota Multi-County Housing and Redevelopment Authority presented a letter against the proposed improvements stating that the project is of no benefit to the authorities property and they would rather improve their property then infrastructure improvements.  The letter will become part of the official minutes.  Mayor Bauer after receiving no further comments stated that of the five property owners it seems that 3 owners are against  the project in which the 3 own 75 % of the frontage.  Mayor Bauer closed the hearing.

New Business:


8-C.  Resolution 2006-13 Ordering Improvement and advertising for Bids (14th Street).


Mayor Bauer asked for a motion to approve resolution 2006-13 Ordering Improvements and Advertising for Bids on the 14th Street Public Improvement Project.  After calling for a motion 3 times, Resolution 2006-13 Ordering Improvements and Advertising for Bids (14th Street) failed for lack of a motion. 


Public Hearing Saint Paul Road 6:15

Mayor Bauer opened the public hearing at 6:45 to take comments on the proposed improvements to Saint Paul Road.  The feasibility study was prepared by Yaggy Colby in April, 2003 and updated in June, 2006.  WHKS along with Yaggy Colby has revised the preliminary plans prepared in 2003.  Yaggy Colby provided the necessary cost opinions to complete the amendment to the feasibility study and assessment roll.  The project will consist of complete street construction, watermain, storm sewer, and a private 2 inch force main provided for private semi-positive displacement pumps (grinder pumps). Grinder pumps are not included in the assessment.  The total cost for the project is estimated at $280,449.00.  This project affects 9 property owners in which over 35% signed a petition for the improvements.  City Engineer answered questions from the council and the public.  Mayor Bauer took comments from the floor.  Sharon Isenberg asked how the project could be paid for.  Mayor Bauer stated that it could be paid in full or assessed against the property for 10 to 15 years.  Also she  questioned the cost of the pump.  City Engineer Angerman stated that the pump varies in costs but are approximately $2,000 to $3,500 depending on installation.  Rosella Staub asked the council if there is a deferred assessment for senior citizens over 65.  City Attorney Matt Rockne stated that it is available by statue but the council would not be in favor of the request.  Also she questioned the depth of the pump and the location.  Steve Zeilsdorf questioned the cost of the assessment versus the benefit received and the opportunity to oppose the assessment in court.  He also asked the life expectancy of the pump.  City Engineer Angerman stated the pumps generally last 8 to 10 years.  The pond location came into question in regards to its location to his property.  Mr. Zeildorf stated that if the majority were in favor of the project that he would not stand in the way but asked if the assessment could increase and by how much.  City Engineer Angerman stated that after the bidding process the final assessment will be presented for their review and approval.  Merle Edel is property owner in the area and asked the council if the bridge is going to be removed.  He stated that the bridge is a great access to the park and that it gets used a lot.  Steve Zeilsdrf stated that he has not had any problems with the bridge.  He also questioned the time frame and the length of the project. Allen Schumacher stated that the project could be completed in about a month.  Councilmember Borgschatz questioned if the bridge would stay how would that affect the cul-de-sac. Councilmember Eberhart asked if there should be sidewalks installed along the street.  Councilmember Eberhart questioned Public Works Director Rick Lohmann if he looked into looping the water main to Jefferson Drive as an option to crossing the creek and removing the bridge.  That will be looked into.     The general feeling from the property owners was that it was a dead end street and that sidewalks would not be needed.  Councilmember Feil asked Sharon Isenberg if she was in favor of the project.  She stated that she was in favor.     After no further comments Mayor Bauer closed the public hearing.


8-D. Resolution 2006-14 Ordering Improvements and Preparation of Plans(St. Paul Road).

 Mayor Bauer asked the council for a motion to proceed and approve Resolution 2006-14 Ordering Improvements and Preparation of Plans and Specs on Saint Paul Road Public Improvements. 


            Motion Borgschatz, second Eberhart to approve Resolution 2006-14 Ordering             Improvements and Preparation of Plans and Specifications on St. Paul Road.  Carried 4-    0-0

Mayor Bauer asked the council if staff should look into the options stated at the public hearing in regards to the bridge replacement and optional water main looping to Jefferson Drive. Council agreed to have staff review the options and report back to council.


8-B  2005 City Audit (Osweiler, Scanlon and Neitz)


Dick Benzkofer Auditor for Osweiler, Scanlon and Neitz was present to discuss the 2005 audit.  Mr. Benzkofer stated that staff was very helpful during the audit field work. The overall status of city wide government financial statements was favorable with net assets totaling $16,055,436 with an increase of $3,075,089 from 2004.  The general fund balance decreased by $133,890.00 in which $265,000 was used for the street overlay project and revenues included $100,000 for land sale.  The fund balance as of December 31, 2005 was $761,740 and was designated including $98,923 for cash flow purposes.  The special revenue funds were decreased by $28,887 caused by an increase in library fund balance and offset by a decrease in the park fund due to the softball field project.  The debt service funds continue to serve the overall debt of the city and the city should continue to do the cash flow planning for each individual debt service fund.  Water and sewer funds had a net asset increase of $1,265,394 with capital assets of $1,168,638 that were contributed to the funds in 2005.  A favorable report was given and well received.


            Motion Eberhart, second Borgschatz to approve the 2005 Audit by Scanlon, Nietz &    Murch, L.L.C.  Carried 4-0-0


8-I.  Change Order #1 2005 Reconstruction Project.

City Engineer Bill Anderson was available to answer questions on the change order.  The change order was required to install the main sewer line under the existing bridge.  An alternative method was used to install the sewer pipe and the net costs for the change order are a decrease in the contract price. 

            Motion Borgschatz, second Eberhart to approve Change Order #1 2005 Reconstruction           Project.  Carried 4-0-0


8-J  Change Order #2 Request.  (West Avenue Garage)

A garage located at 109 West 4th Street will have an elevation issue if the 2005 Reconstruction project is installed as planned.  The garage is located within 7 feet of the property line and is approximately 3 cement block below sidewalk elevation.  Staff is requesting from council approval to look at options to improve the approach into the garage.  Councilmember Feil Stated that he would like to see the 2005 Recon Project done correctly.


            Motion Borgschatz, second Feil to instruct staff to bring options to improve the approach           to the garage. Carried 4-0-0



Unfinished Business:


7-A  Police Department:


Mayor Bauer reported that the union will meet with City Administrator Neil Jensen to finalize the contract and bring it to council for review and approval. Mayor Bauer stated that the police committee sat down with the union on June 22nd to discuss the issues that resulted in a negative vote.  Mayor Bauer stated that the union has agreed to the same on-call pay as the WWTP employees receive and will review the injury on duty language to conform to agreed upon language. 


7-B.  Resolution 2005-12 Adopting Special Assessment Policies


Mayor Bauer reported that the final draft of the special assessment policy is in the council’s packet and to review the document and be prepared to vote at the next meeting.


New Business:


8-A:  2007 Budget and Review Mid-Year Budget 2006.


City Administrator Neil Jensen reported to the council that the mid year budget update are in their packets and that they should review the budget.  The preliminary 2007 budget will be introduced at the July 20th meeting and for council review.



8-E.  Hiawathaland Public Transit Pilot Project.    


City Administrator Neil Jensen discussed with the council the transit project that is available for Zumbrota and the surrounding communities.  The project would start in January, 2007 with proposed funding from the state beginning in 2008 if available.  City Administrator Neil Jensen is requesting the council for an additional $8,000.00 for the 2007 budget to fund the project. He stated that the project is not guaranteed funding and might need local support for the 2008 fiscal year.  It will be a great transit project as other local communities have a similar transit system and reported that it used extensively.  City Administrator Neil Jensen reported that if the funding is not available the transit money can be removed from the 2007 final budget.

            Motion Feil, second Borgschatz to approve an additional $8,000 dollars for the             Hiawathaland Transit Pilot Project and to reflect the amount in the 2007 budget.  Carried   4-0-0

8-F.  Police Officer Jason Amundson Resignation

Police Officer Jason Amundson has submitted his resignation and accepted a similar position with the Farmington Police Department. 


            Motion Feil, second Eberhart to accept the resignation of Jason Amundson  as a            Zumbrota Police Officer.  Carried 4-0-0

8-G.  Approve Hiring Police Officer.

Mayor Bauer questioned the council on the method of hiring the next police officer.  He made the suggestion that Police Chief Selness, City Administrator Neil Jensen, one councilmember and himself sit on the hiring committee along with 2 residents at large preferably one businessperson.  Mayor Bauer asked if the council had other ideas. Councilmember Eberhart stated that he would like to see the resumes of the finalists to review.  Mayor Bauer stated that the council should think of residents that would be interested in sitting on the hiring committee and bring back their names for review and approval. 


8-H.  Approve Mid-Year Budget Tranfers

City Accountant Kim Simonson requested approval of mid-year budget transfers;

Sewer Fund                  $124,100.00

            GO Refunding Bonds 2004A                $49,210.00

            GO Utility Bonds 2003             $11,452.50

            GO Sewer Revenue Bond 2002A         $63,437.50


2005 Cap Proj Street Imp.-Infrastructure Fee               $16,200.00

            GO Improvement Bonds 2006B                                               $16,200.00


            Motion Eberhart, second Feil to approve the following mid-year budget transfers;


            Sewer Fund                  $124,100.00

                        GO Refunding Bonds 2004A                $49,210.00

                        GO Utility Bonds 2003             $11,452.50

                        GO Sewer Revenue Bond 2002A         $63,437.50


            2005 Cap Proj Street Imp.-Infrastructure Fee               $16,200.00

                        GO Improvement Bonds 2006B                                               $16,200.00


            Carried 4-0-0







City Administrator Neil Jensen:

City Administrator Neil Jensen requested the council to approve Pay Request #4 for the 2005 Reconstruction Project in the amount of $143,319.02.


            Motion Eberhart, second Borgschatz to approve Pay Request #4 of the 2005    Reconstruction Project in the amount of $143,319.02.  Carried 4-0-0


City Accountant Kim Simonson:

No Report


Community Development Director Dan King:

No Report


Public Works Director Rick Lohmann:

Reported on the 2005 Reconstruction Project progress. 


Police Chief Selness:

No Report


City Engineer Bill Angerman:

No Report


City Attorney Matt Rockne:

No report


Mayor Bauer:

No Report


Council member Borgschatz:

No Report


Councilmember Feil:

No Report


Councilmember Eberhart:

Reported that the Fire Department, city staff and council completed NIMS Training recently and also thanked Public Works Director Rick Lohmann, Ken Lee and all others involved in the recent fire.  He stated that the cooperation between departments works very well and that the NIMS program can work in the same manner but will take time to implement.


Mayor Bauer adjourned the meeting at 8:48 p.m.



                                                                        City Administrator Neil Jensen

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