NEW ULM — New Ulm’s City Charter Commission will convene before the end of the year to begin reviewing changes requested by the New Ulm City Council, including changes to the nepotism clause, and definition of the City Manager’s powers and duties.

The City Charter Commission is intended to meet once per year, upon presentation of a petition from the voters or upon resolution from the council.

City Attorney Roger Hippert said the in the last year the city became aware of issues in the charter that could use review. For this reason, a resolution was brought to the New Ulm City Council.

The council agenda states the primary reason for convening the commission is to consider the nepotism clause in section 24 of the charter; define department heads in section 75 and potential removal of commissions from the charter to be placed in the city code.

The nepotism clause in the city’s charter states it is incompatible for the mayor or a city council member to have an immediate family working for the city. In the last year, this provision in the character has had a significant impact on the city. In October 2020, Second Ward City Councilor Lisa Fischer was forced to resign from the council because her son worked for the city. Newly elected Council President Andrea Boettger’s husband was forced to leave a part-time position with the Park and Recreation department.

The provision preventing a council member or mayor from having family work for the city was part of the first charter in 1887. It was left out of the charter in 1932 but was brought back in 1973. The provision was not well-known among city officials. Before Councilor Fischer’s resignation in 2020, none of the council was aware the provision existed.

The New Ulm League of Women Voters has planned to lobby the city council for the removal of the provision.

Hippert said by convening the Charter Commission, members could review issues but could also look into any other part of the charter.

Councilor Les Schultz said he was fine with convening the commission. Schultz is also a member of the Charter Commission along with councilor David Christian.

Since the commission last met, commissioner Sue Kimmel has moved out of New Ulm. A new member will need to be appointed to replace Kimmel.

Hippert said it was not one of the reasons listed for convening the Charter Commission, but there were some questions on whether city council members should be on any city commissions. This was another topic the Charter Commission could address.

Councilor Christian said this issue came up during other committee meetings. Non-council members might defer to a councilor on a commission because the councilor will get the final say in the end. It creates a problem where commissioners do not engage with the topic if the councilor is present.

Schultz said once the charter was open for discussion, anything could be brought up for change but said he believed the Charter Commission had done great work last time it convened.

He made a motion to convene the Charter Commission to review and revise the Home Rule Charter in late 2021 with a second from Christian.

The idea is to have the commission meet before the end of the year to re-orient members and start the process of reviewing the Home Rule Charter.

The resolution was approved by the council.

—–

A public hearing was held on the reassessment of the unpaid Lakeside Village 2005 and Dacotah West 2007 Special Assessments.

The utility and gravel roadway improvements for Lakeside Village Addition were previously assessed on December 20, 2005, and for the Dacotah West Addition on December 18, 2007. After making some initial payments, the developers did not pay any taxes or special assessments for five years and the bulk of the subdivisions went to tax-forfeited land.

The Phase I improvements in Lakeside Village included sanitary sewer main, water main, sewer and water end services, storm sewer stormwater quality pond, grading, aggregate base and site grading improvements. The Phase II improvements included site grading and stormwater quality pond improvements only.

Brown County established a process to set a purchase price on the tax-forfeited lots within the two divisions and the New Ulm City Council adopted a plan to reassess the unpaid balances on each parcel sold by the County with a ten (10) year repayment schedule. The Lakeside lots would have a 5.5% simple interest on the unpaid balance and the Dacotah lots would have a 6% simple interest on the unpaid balance.

The Lakeside addition assessments are $9,748.59 for each lot for the first phase and $2,917.88 for each lot for the second phase.

Dacotah’s addition assessments are $25,921.51 for the lot.

City Engineer Joe Stadheim said his office received no comments on this assessment. No further comments were made during the public hearing.

Schultz asked how the simple interest was determined.

Stadheim said it is based on the bonding rate with 2% added.

Finance Director Nicole Jorgensen said the rates were at this level in 2005 and 2007.

—–

A second public hearing was held on the final assessment rolls for the 2020 Utility, Street and Alley Improvements. The improvements constructed on the 2020 Utility, Street and Alley Improvements include seven improvements.

1.) Front street from 3rd South Street to 7th South Street, reconstruction and reconstruction of the existing roadway section including excavation and replacement of subgrade, aggregate base, bituminous paving, pavement sub drains, storm sewer extension and inlet structure reconstruction, concrete curb and gutter, pedestrian sidewalk ramps, street lighting and selective replacement of concrete driveway pavement and sidewalk.

2.) Second North Street from State Street to Franklin Street, one block of water main construction, reconstruction of the existing sanitary sewer main, sewer and water end services, and reconstruction of the existing roadway section including excavation and replacement of subgrade, aggregate base, bituminous paving, concrete curb and gutter, concrete driveway pavement, pedestrian sidewalk ramps, and selective replacement of concrete sidewalk.

3.) Palmer Avenue from Highway 14 to 150 feet South, modify Highway 14 roundabout, construct a water main, sanitary sewer main and roadway improvements including concrete curb and gutter, concrete sidewalk and street lighting to serve the National Guard Armory and FMS Site.

4.) Front Street from 1st North Street to 3rd North Street, reconstruction of the existing water main to increase the available fire flow rate in the area.

5.) Storm Water Treatment Pond in Oak Bluffs Fourth Addition, pond excavation cleanout maintenance to establish original grades.

6.) Concrete Sidewalk and ADA Improvements to complement the improvements scheduled within the 2020 Surface Reconstruction Project by reconstructing pedestrian sidewalk ramps to meet current ADA requirements as per New Ulm’s adopted ADA Inventory and Transition Plan.

7.) Oak Street right-of-way from Oak Street to Raymond Drive, construct bituminous maintenance mat.

The assessments are payable over ten years along with a 2.60% simple interest charge on the unpaid balance.

No public comments were received during the meeting, but Schultz said he had received several comments about the Oak Street assessments. He said some homeowners were frustrated with the unbuildable lot that is not being assessed and following on the other property owners. There is also concern that after development the opening to Oak Street will be closed forcing traffic to travel to Highland, giving one property a tar driveway.

Stadheim said typically the city does not assess unbuildable lots. If the city chose to assess it, this would reduce the city’s contribution. The total cost for this project is $16,140.45 but the city is only assessing $11,825. The city is contributing 20% of the project cost. If the unbuildable lot was assessed, the city’s 20% contribution would be reduced. Property owners’ assessment amount would not change.

Stadheim said the other property owner had previously constructed their driveway extension. For this reason, the city did not assess this property because they do not receive a benefit. The newly paved portion is not part of the property’s entrance.

The council voted to approve the assessments in two motions. The second through seventh assessments was approved first. The assessments for Front Street were approved in a separate motion. Councilor Christian lives on Front Street and needed to obtain from the vote.

—–

The council approved the installation of a stop sign at 19th N. Street and Franklin. The Safety Commission previously recommended the sign installation, citing sight-line obstructions for east-bound traffic. The intersection currently has to stop control on the east side of the intersection on 19th N. Street near the Brown County License Bureau.

Schultz commented that this intersection was near the new splashpad, which can have fast traffic on warm days.

Stadheim said a daycare is located nearby that uses North Park frequently. A sign would better help the children crossing at this location.

Mayor Terry Sveine confirmed the sightlines were a challenge in this area.

Christian made the motion to approve the stop sign in the southwest quadrant of the intersection with a second from Schultz. It was approved.

The council also discussed a request from the Sister Cities Commission to place a Sister Cities recognition sign on Highway 14 west of New Ulm and Highway 15 South of New Ulm. The sign would be placed under New Ulm’s population signs. The sign would read: “Proud Sister Cities Partner of Ulm & Neu Ulm, Germany.”

Due to the size of the sister cities’ signs, all existing community recognition signs would need to be removed. The new sign on Highway 14/15 near the Minnesota River bridge has no stringer installed for the installation of an additional sign. MnDOT would install the stringer and modify the sign for a fee of $200. The creation of the new signages is quoted at $306.30. The total project cost is $506.30.

The council decided to table this decision until the owners of the other community recognition signs could be contracted. None of the councils opposed the sister cities sign but wanted to contact the other interest groups with signs in place.

Councilor Andrea Boettger was concerned it would be unfair to remove one group’s signs in favor of another group’s signs.

Schultz agreed the other groups might want a say in where their signs are displayed. Schultz suggested tabling the decision with a second from Boettger. The council voted to table.