Zumbrota, MN 

Bridging the Past and the Future

October 6, 2005 Council Minutes


          REGULAR MEETING     October 6, 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, Dave Benson, Betty Jo Grothe, Doug Borgschatz.  Others present: City Administrator Neil Jensen, City Accountants Mary Rohe, Kim Simonson, Public Works Director Rick Lohmann, Community Development Director Angie Bersaw, City Attorney Matt Rockne, Police Chief Gary Selness, Brian Haugen, Chuck Strum, John Scheffler, Karen Watson, Brad Nord, Geno Wente, Karen DuCharme,  Bill Anderson, Steve Sviggum, Pat VanHouton, Vicki Jarman, Conway and Kathy Jacobson.


The meeting opened with the Pledge of Allegiance.




               Motion Grothe, second Benson, to adopt the agenda as printed.  Carried 5-0-0.




            Motion Borgschatz, second Eberhart, to approve the regular meeting minutes of 9/15/05.  Carried 5-0-0.




Motion Grothe, second Borgschatz to approve the accounts payable of $59,344.94.  Carried 5‑0‑0.







7-A. Police Department:


Mayor Bauer reported that City Administrator Neil Jensen met with the union two weeks ago and is expecting a draft contract for review.



7-B.  Rodgers Softball Park:


Mayor Bauer reported the seeding for the ballfields was done and things are progressing along.


7-C.  ATV Ordinance:


The council received a draft ATV Ordinance and will discuss it at the next meeting.

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


Discussion was held on the zoning ordinance amendment.  The amendment replaces the maximum square footage of a C2 Retail Building from 15,000 square feet to 30,000 square feet.

Councilmember Benson discussed this amendment with several downtown business owners and received different opinions.  Benson is uncomfortable with the concept of big boxes (Walmart, Target) coming into Zumbrota.  Councilmember Borgschatz agrees with Councilmember Benson on the pros and cons of increasing the commercial building sizes.  Mayor Bauer asked what a typical Walmart has for square footage.  City Administrator Neil Jensen stated about 90,000 square feet.  Councilmember Borgschatz suggested that the council table the item.  Tabled


Pubic Hearing:

Small Cities Development Program Grant (6:15)

Karen DuCharme was present to discuss with the council the Small Cities Development Grant.  She reviewed the grant and answered questions.  In order to proceed with the grant, the council would need be the legal sponsor for the grant and give the Mayor and City Administrator signing authority.  Also, Karen DuCharme has done a windshield survey and is requesting that a certain area of the downtown district be declared a slum and blight area.  The words slum and blight are required by state statute and not necessarily the exact definition that one might use. 

Mayor Bauer closed the public hearing at 6:22.


Resolution 2005-22  Declaring City of Zumbrota as Legal Sponsor for Zumbrota SCDP Comprehensive Rehabilitation Projects Contained in the Business and Community Development  Application.


            Motion Borgschatz, second Grothe to approve Resolution 2005-22.  Carried 5-0-0


Resolution 2005-23 Identifying “Slum and Blighting” Conditions in a Target Area of the City of Zumbrota.


            Motion Grothe, second Eberhart to approve Resolution 2005-23. Carried 5-0-0



7-D.  Sanitation Proposals:


Discussion was held on the two proposals received for sanitation disposal for the City of Zumbrota.  Councilmember Borgschatz stated if this was a new contract between two new companies it would be a tougher decision.  Borgschatz stated that he has heard of no issues in regards to Waste Management and is proposing to stay with Waste Management.  Council member Benson reviewed the costs and proposes to stay with Waste Management.  Councilmember Eberhart asked how long of a contract should be offered. 


            Motion Grothe, second Benson to offer Waste Management a five year contract and     instruct staff to bring back a draft contract for review. Carried 5-0-0







8-B.  Reserved Parking Request Main Street (Proact)


Pat VanHouten, site manager for Proact Inc., is requesting that the council approve a reserved  handicap parking stall in front of their building from 8-9 AM and 2-3 PM to unload clients who are handicapped.  Councilmember Benson and Borgschatz thought the request was not unreasonable and should be granted.  City Attorney Matt Rockne suggested that we consult with MNDOT before approving the request. 


            Motion Eberhart, second Benson to approve the request of 1 reserved parking stall for 8-9       AM and 2-3 PM,  upon approval from MNDOT.  Carried 5-0-0


8-G.  Jacobson Commercial Park - Pay Request #3


Bill Anderson from Yaggy-Colby was here to discuss the Jacobson Commercial Park Development. There was an overrun on the grading portion of the project of approximately $290,000.00, which needed to be discussed.  There seemed to be a misunderstanding on the method used to bid the project and how financing was completed.  The main discrepancy was the bid item for off site hauling at 5,000 yards of dirt to be hauled offsite.  The offsite hauling totaled 66,120 yards at $3.75 per yard.  Bill Anderson asked the council if they did not understand the method used to bid the offsite hauling and that the 5000 yards bid was not the total to be moved off site.  All councilmembers acknowledged that they were not aware of additional quantities to be removed.  No provisions were made in the bid package to address how the additional quantities removed would be covered.


At the request of Kathy Jacobson:


            Motion Borgschatz, second Grothe to approve pay request #3 Jacobson Commercial Park       to Gartzke Construction Inc. for the amount of $296,910.88.  Carried 5-0-0


8-A   Ordinance 2005-06  Regulating of Lawful Gambling Within the City of Zumbrota, MN.


The council was presented with the ordinance regulating lawful gambling.  The main item with the ordinance was for each organization to expend at least 80 percent of its lawful purpose expenditures on lawful purposes conducted within the City’s Trade Area and also regulating illegal activity and the application process. 


            Motion Grothe, second Eberhart to approve Ordinance 2005-06 Regulating of Lawful Gambling Within the City of Zumbrota, MN.  Carried 5-0-0







8-C  Angie Bersaw Health Insurance Request


Community Development Director Angie Bersaw will be out on maternity leave for 8 to 10 weeks.  She is requesting the council pay for health insurance when on unpaid leave.  The EDA made a motion to highly recommend the approval of the health insurance request.  The request was taken under consideration as a policy change and not a personal request.  Councilmember Eberhart stated that the personnel policy was just approved and the council should stand by the policy.  Councilmember Benson agreed.  Councilmember Grothe agreed to review the policy and make changes, as desired.  The personnel policy states employees on unpaid leave of absence are responsible for the full payment of insurance premiums and required to maintain that level of coverage. Mayor Bauer called for a motion to amend the personnel policy.  No motion was presented to the floor. 


8-D Review Amended By-Laws (EDA)




8-E  Street Light St. Paul Road Request.


There was a request for a street light on St. Paul Road by a resident.  The light would be put up by Excel Energy at no charge and the city pays the electricity. 


8-F.  Sesquicentennial Volunteer Committee Liability Insurance.


Based on the large number of volunteers working on committees, it was recommended by the LMC that the council acknowledge the committees and approve of the committees. 


            Motion Grothe, second Borgschatz acknowledging the many volunteer committees        working on the sesquicentennial for liability insurance purposes.  Carried 5-0-0


8-H Resolution 2005-24 Application Contamination Clean-up Grant. 


The city is applying for a grant to clean-up the contaminated soil under the Grover Auto building.  The resolution commits the city to matching funds and authorizes signatures for the DEED Contamination Clean-up Grant.


            Motion Borgschatz, second Grothe to approve Resolution 2005-24 Approving the        Application and Committing Local Match and Authorizing Contract Signatures for    DEED Contamination Clean-up Grant.  Carried 5-0-0










City Administrator Neil Jensen:


City Administrator Neil Jensen  requested the council fill out the 6 month performance review for the city administrator.  Each councilmember will fill out the review and report back to Mayor Bauer. 


City Accountant Mary Rohe:


City Accountant Mary Rohe reported that the new City Accountant Kim Simonson has started her new position and is doing well.


Public Works Director Rick Lohmann:


Public Works Director Rick Lohmann reported that the bucket truck needs repair and he should have quotes to fix the truck by the next meeting.  He also asked the council if the flags should be put up for Columbus Day.  It was agreed to display the flags for Columbus Day and make arrangments to put them up.



Mayor Bauer:


Mayor Bauer reported that the Ambulance service has put $1,000.00 down on a lot beside the Fire Department and are in the process of designing the building.


Councilmember Borgschatz:


Councilmember Borgschatz asked the council to consider purchasing banners for the upcoming sesquicentennial celabration.  Councilmember Borgschatz displayed three designs to review.  It was decided to purchase 53 banners at $65.00 each for a total of $3,445 plus tax and shipping. 


Motion Borgschatz, second Grothe to purchase 53 banners at $65.00 each for a total of $3,445.00 plus tax and shipping.  Carried 5-0-0



Mayor Bauer adjourned the meeting at 7:55 p.m.


                                                                                    _______________________________                                                                                              Neil Jensen City Administrator


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