Zumbrota, MN 

Bridging the Past and the Future

April 16, 2015 Council Minutes







APRIL 16, 2015

6:00 P.M.



Pursuant to due call and notice thereof, Mayor Rich Bauer called the Zumbrota City Council to order at 6:00 p.m.  PRESENT:  Mayor Rich Bauer; Council members Dale Hinderaker, Brad Drenckhahn, Tina Hostager and Sara Durhman.   Others present: City Administrator Neil Jensen, Public Works Director Mike Olson, City Accountant Kim Simonson, Police Chief Pat Callahan, Community Development Director Dan King, Library Director James Hill, Sandy Hadler, John Breene (DFA), Tim Mack, and NewsRecord reporter Tawny Michaels.  


The meeting opened with the Pledge of Allegiance.



Motion Drenckhahn, second Durhman to adopt the agenda.  Approved 5-0-0.



Motion Hinderaker, second Durhman, to approve the regular City Council meeting minutes of April 2, 2015.  Approved 5-0-0.



Motion Hostager, second Drenckhahn to approve the accounts payable of $144,257.08.

Approved 5-0-0.



Tim Mack (Appointed to Zip Rail Citizens’ Advisory Committee) was present to update Council on concerns about the Zip Rail and to ask if they had any input. 




Unfinished Business:



8-A.  Wastewater and Water Rate Study Approval

Staff had received the following quotes for the wastewater and water rate study:

Ehlers               $11,500

Springstead       $12,500

Jensen informed the Council the study will take three months to do.  Motion Drenckhahn, second Hostager to approve Ehlers to do the wastewater and water rate study for a cost of $11,500. Approved 5-0-0.






8-B.  Sealcoat Quote Approval

Public Works Director Olson presented two quotes for the 2015 chip sealing project.  The project will include some streets and the City owned parking lots.  The quotes are as follows:

Fahrner Asphalt             $97,440.56

Pearson Brothers           $60,631.75 

Motion Hinderaker, second Durhman to approve the 2015 chip sealing project with Pearson Brothers for a total of $60,631.75.  Approved 5-0-0.


8-C.  Closed Session DFA

Motion Hinderaker, second Hostager to move pursuant to Minnesota Statute 13D.05, subdivision 3(b) to close the meeting to have an attorney/client meeting with the city’s attorney, Kenneth Bayliss, to discuss the pending legal action against the city in the case of Dairy Farmer of America v. City of Zumbrota.  Approved 5-0-0.   The meeting was closed at 6:17 pm. 


The meeting was reopened at 6:55 pm


Motion Drenckhahn, second Hostager to approve the settlement of the lawsuit entitled Dairy Farmers of America, Inc. v. City of Zumbrota, along the general terms of the settlement agreement and draft permit tendered by DFA, subject to the city attorney’s review and recommendation of approval as to the final form.  Upon the city attorney’s approval as to the final form, the City Council authorizes Mayor Bauer to execute the settlement agreement and permit.  The agreement should also provide a provision allowing the city council to modify penalties if there are three consecutive months of six or more violations.  The agreement should also provide that any transfer must be to Dairi-Concepts, Inc. and there must be no significant change in operations.     Approved 5-0-0.



City Administrator Neil Jensen:

Was happy to report that wastewater operator Paul Zielsdorf has passed his class B wastewater license test. 


Community Development Director Dan King:

Told the Council there had been a public hearing on a zoning request to allow urban chickens in residential districts.  The applicants and others in favor had made a presentation to the Planning Commission.  Planning Commission voted to direct staff to draft a Zoning Code amendment regulating urban chickens for review at the next meeting. 


Library Director James Hill:

Reported the Library roof is finished. 


Police Chief Pat Callahan:

Told the Council the forfeited vehicle had been sold for $1,300.


The Zumbrota City Council meeting was adjourned at 7:03 p.m.



                                                                                    Neil Jensen City Administrator

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