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Zumbrota, MN
Bridging the Past and the Future

City Council Meeting Minutes October 4, 2012






OCTOBER 4, 2012 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, Sara Durhman, Tina Hostager and Brad Drenckhahn. Others present: City Administrator Neil Jensen, City Accountant Kim Simonson, Police Chief Gary Selness, Police Officer Rob Jarrett, Police Officer Gene Leifeld, City Attorney Matt Rockne, NewsRecord reporter Duane Aaland, Jerry Mossely, Brian Haugen, Deb Wilkinson, Nancy Olson, Deb Larson, Josh Larson, Bridget Rostad, Rachel Krinke, Sara Nelson, Emma Nelson, Maggie Nelson, Laura Nesseth, Rachel Nesseth, Beth Eliason, Elyn Eliason, Tara Plank, Emma Plank, Abby Plank, Riley Anderson, Mariana Orta, Makayla Rodriguez, Janica Balash, Haley, Libby Wood, Hailey Schliep, Jordan Schliep, Hanna Flipp.


The meeting opened with the Pledge of Allegiance.



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



Motion Hinderaker, second Durhman, to approve the regular meeting minutes of

September 20, 2012.  Approved 5-0-0.



Motion Durhman, second Drenckhahn to approve the accounts payable of $145,225.29. 

Approved 5-0-0.


Public Comment: 

Deb Wilkinson was present, along with many Girl Scouts, to thank the Council for entertaining their request for the Council to approve a proclamation for Girl Scout 2012 Take Action: Centennial Day of Service.  As a service project the Girl Scouts will be cleaning storm drains of leaves and other debris on October 13th


Public Hearings/MeEtings

6­-A.  Alcohol Hearing Violation

Mayor Bauer opened the public hearing at 6:12 pm.  Deb and Josh Larson, Zumbrota Liquor Store; Bridget Rostad, Bridget’s Café; and Nancy Olson, Covered Bridge Restaurant were present to speak to the Council about their violation.  Representatives of the Zumbrota Golf Course were not present.  Bridget Rostad spoke first.  She said she had served an underage man but had looked at his id and the year was 1990.  She had her rights read to her at the restaurant which was very upsetting to her.  She has taken the server training and still failed and she said the City doesn’t know what they are doing to the local business owners when it comes to sting operations.  Nancy Olson, an employee of the Covered Bridge Restaurant, said she felt tricked and entrapped and was very disappointed in this type of law enforcement. Deb Larson stated she has provided training for her employees.  Suspending her license and enforcing a fine is a hardship and the City is making it very difficult.  She stated times are tough especially since the City has approved two more liquor licenses within the last year.  She says the establishment does its best to enforce the laws but a suspension is too big a hardship.  The hearing closed at 6:22 pm.

Unfinished Business:

7-A.  Fire Board Agreement/Truck Discussion

The Council discussed the Tuesday joint meeting with the Fire Board.  Fire Board purchase of the fire hall had been discussed at that time.  Council spoke a bit about the purchase price.  Although the building has appreciated the price spoken about at the meeting was the City’s original cost of $711,000.  Hostager asked if there was room to move on this price and the Mayor stated this is a negotiation and what the citizens of Zumbrota have invested in the structure.  Hinderaker thought the comments about the equipment replacement schedule were very positive and was happy to know that the Fire Board was willing to partner with the City.  He felt progress had been made.  Hostager asked if a work session could be scheduled to discuss this item.  The most likely date for a work session will be November 13th



8-A.  Alcohol Violation Civil Penalties

Attorney Rockne informed the Council that the gross misdemeanor charges which could be charged for serving a minor are up to the County.  The Council needs to deal with the civil penalty and suspension of license.  In this case the Council is the finder of facts and can decide if there was a violation or can take the matter under advisement and decide at a later date.  According to Rockne the Council can decide to fine or suspend the license or both.  Drenckhahn addressed those present and expressed his disappointment at the failure of the establishments.  Especially since the City had not passed the seller server ordinance requiring training.  The sting was published in the paper and the establishments should have been aware of what was coming.  He said he didn’t want to shut down any businesses and perhaps the fine was in order.  Council member Hinderaker expressed his disappointment that four of seven establishments failed.  That percentage is high and is contrary to the Council’s wish to make Zumbrota a safe place.  Durhman said she found it odd that four establishments had served the minor and asked if the id could be produced.  Chief Selness said it could be but the private information would need to be blacked out.  Hostager said she would like to see it as well to erase any doubts.  Hinderaker said he felt the $500 fine was a given but the question is whether or not to suspend the license for a day.  He said he didn’t want this to be easy and that to have these results come back so soon after refusing to accept the seller/server training from CHI was disheartening.  The issue was tabled until the Council can examine the id. 


8-B.  Crack and Manhole Seal Approval

Public Works Director Lohmann requested the Council approve spray patching for the manholes in Zumbrota Highlands and Zumbrota Woodlands.  In the past infrared heat patches have been used but the spray patching is holding up well and Lohmann would like to try it in these areas.  The funds will be dispersed from the Seal Coat Fund.  Motion Durhman, second Hinderaker to approve the spray patching of the manholes in the Zumbrota Woodlands and Zumbrota Highlands by Pavement Resources for $6,100.00.   Approved 5-0-0.


8-C.  Icing Sand Quote Approval

Motion Hinderaker, second Drenckhahn to approve the purchase of icing sand at $5.45/ton for 500 tons for a total of $2,175.00 from Schumacher Excavating.  Approved 5-0-0.


8-D.  Budget Transfers

Simonson asked the Council where they would like to take the money from to pay for the air pacs for the Fire Department since it was an unscheduled expenditure.  She suggested either taking the money out of the fire equipment money within the Capital Projects Restricted Fund (402) or taken the money out of the contingency line item.  Motion Drenckhahn, second Hostager to pay for the air pacs out of the contingency line item within the General Fund (101).  Approved 5-0-0.


8-E.  Police Computer Purchase (2)

Chief Selness requested the Council approve the purchase of two computers for the Police Department.  The computers are quite old and there are compatibility issues with software.  Motion Hinderaker, second Durhman to approve the purchase of two new computers for the Police Department from Cornell Computers at a cost of $1,149.00 each for a total of $2,298.00.  Approved 5-0-0.


8-F.  Girl Scout Proclamation

Motion Hostager, second Durhman to proclaim October 13, 2012 as the Girl Scout 2012 Take Action: Centennial Day of Service.  Approved 5-0-0.



No reports.


Meeting adjourned 7:07 p.m.


                                                                                    NeilJensenCity Administrator

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