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Derby Inn license request postponed

County Board discusses several issues dealing with procedures

By Kevin Mertens - Staff Writer | Mar 10, 2024

The Derby Inn in Guckeen is closed but has new ownership and may be opening soon.

While approving the agenda for their March 4 meeting, the Faribault County Board of Commissioners removed approving a liquor license for the Derby Inn, located in Guckeen, from the agenda.

The reason given was because the restaurant first needed to get the approval of Jo Daviess Township for a liquor license prior to seeking the County Board’s approval.

However, county attorney Cameron Davis asked that a discussion on the process of the board approving a liquor license be added to the agenda.

“It is ultimately the board’s decision when an establishment not located in a city applies for a liquor license,” Davis reminded the commissioners. “You will have written recommendations from the sheriff and from the county attorney to consider. The next part of the process is to decide if the party applying for the license meets a moral and reputation standard.”

Davis provided a copy of Minnesota Statute 340A.402 to the Faribault County Register which describes reasons that disqualify a person from obtaining a liquor license and reviewed those reasons with the County Board.

Some of the reasons for denying a liquor license to an applicant include:

• Not being 21 years of age.

• Having a liquor license revoked within five years of the license application.

• Not having good moral character and repute.

• Having a direct or indirect interest in a manufacturer, brewer, or wholesaler.

“A license can also be denied if the applicant has been convicted of a felony,” Davis added.

Questions have arisen over who owns the Derby Inn and who is actually applying for the liquor license.

“I can tell you the owner has not been convicted of any felony offense in Faribault County,” Davis offered. “However, there is still an active case in Blue Earth County where the person has been charged with a felony. But, I remind you, the person has not been convicted.”

Davis then offered some more advice to the board.

“Whatever you decide to do, you should be consistent with what you have done in the past while also realizing how you proceed could affect what you do in the future. Your decision cannot be arbitrary or capricious.”

It was mentioned that the Derby Inn was owned by a limited liability company (LLC), and that the owners and their percentage of ownership were left blank in the application which had been submitted to the county.

County coordinator Brian Hov was directed to find out more about the relationship between the owners and the LLC before the next County Board meeting.

Dennis Wick and Taylor Doering of the Public Works Department attended the meeting to seek permission to solicit bids for two different projects.

“The first one we will talk about is the 2024 CIPP (Cured- In-Place-Pipe) projects,” Doering said. “We want to open the bids sometime in April or May. The engineer’s estimate for the projects is $636,053 and there was $550,000 budgeted for the projects. However, Federal Aid is providing $440,000 for the projects which would leave us with an approximated net cost of $196,000.”

The second project was for lighting projects at two different intersections along County Road 16.

“One of the intersections is at CR 17 and the other is at CR 23,” Doering explained. “There was not any money budgeted for the lighting projects which the engineer estimates will cost $160,000, but the project will be funded by the turnback funds we received from the State.”

The board approved soliciting bids for both projects.

The board also voted to approve making the final payment of $445,444 to Ulland Brothers, Inc. for the 2023 overlays project.

Wick informed the board that work on surfacing county roads 11, 17 and 23 could begin as early as April.

“Until then we will have to keep applying water to those roads to control the dust,” Wick added.

The board also discussed trying to find a replacement for highway engineer Mark Daly, who retired at the end of 2023.

“Faribault County posted an open position for the county engineer several months ago knowing that Mark Daly would be retiring from the engineer’s position at the end of 2023,” Hov told the board. “We have had no applications submitted by qualified professional engineers in the area who would be willing to make a career change. Knowing that we will likely need to find a person who is willing to relocate to this area, it was felt that formulating a reimbursement plan for moving expenses might be a good idea.”

Hov explained a conditional job offer would outline a provision to allow an amount up to $5,000 to be submitted via expense report.

“It would have to be supported by itemized receipts after the employee’s start date,” Hof offered. “Goods and services directly related to the relocation would have to be approved by the department head and the County Board.”

The board approved the relocation incentive plan.

Chief deputy Scott Adams of the Faribault County Sheriff’s Department was at the meeting to seek approval for the purchase for three squad vehicles.

“The purchases were in the budget for this year,” Adams commented. “The three vehicles we are requesting to purchase are 2023 Ford F150s from Woodhouse Ford in Omaha, Nebraska. The total bid price is $152,339 or $50,779.67 per truck.”

The board vote unanimously to approve the purchase.

Adams also mentioned the Sheriff’s Department will be selling five used vehicles this year for an estimated minimum of $73,000.

“The vehicles being sold include three F150s and two Ford Explorers,” Adams said. “The sales of the used vehicles will help offset the cost of the new purchases.”

The board also voted to approve the hiring of Kayla Brummond as Central Services assistant.

“We had 19 people apply for the position,” Hov shared with the board.

In other business, the board also:

• Approved the request of Nick Bleess of the Sheriff’s Department to attend a conference on improving 911 dispatcher skills.

• Voted to grant the request of Sheriff’s Department employees Chris Albers and Tom Elmer to attend a conference on internal affairs investigations. Elmer and Emily Bonin were also approved to attend the Minnesota Financial Crimes Task Force Conference.

• Briar Bonin of the Sheriff’s Department was approved to attend the Active Threat Instructor Course.

• Bryan Schaper and John Oswald of the Public Works Department were approved to attend the 2024 Concrete Ready-Mix Plant Monitor Training class.