Others present: Joel Dasher, Rich Romness, James Obermiller, Dave Anderson, Bill Lemke and Joe Heinen.

Minutes of these meetings were introduced for approval:

  • March 26th regular meeting
  • April 2nd special meeting
  • April 9th regular meeting

After a review and corrections to certain phrases and typographical errors, Thelen moved to adopt the March 26th minutes, s/Heidgerken. By a vote of 5-0, the motion passed.

Thelen also moved to approve the April 2nd special meeting minutes, with minor errors adjusted, s/Heidgerken. By unanimous vote, the motion carried. The April 9th regular meeting minutes were also approved following a motion by Boelter, s/Humbert, with some corrections made. Once again, a majority vote of 5-0 was cast to adopt the motion.

Committee/Staff Reports

Dasher presented his agenda of public works issues that included a comment that SEH crews would be here shortly to conduct a survey of the wastewater ponds to take elevations of the area. He also stated that he is searching for certain Braun Intertec comments of the ponds that were provided by that firm in 2001. The mayor asked Dasher if it was possible for the city to have Melrose conduct the sampling tests for the ponds rather than driving to St. Cloud where Traut Wells now does the testing and Dasher replied that he would check with Melrose to see if this was possible.

It was also stated that MPCA visited the pond site last week and found that we were slightly exceeding the .45ml of phosphorus normal standard and this state agency would ask the city to submit drawings of the 1995 pond as-built in microfiche format, since they were never passed along to MPCA.

Dasher also spoke of a yard condition whereby the debris from sewer service line repair had left a pile of dirt on the Rose Hiltner property and he stated that he had contacted owner Allen Finken twice about cleaning the mess up. He then turned his attention to the fact that recent street sweeping was taking its toll on the $417 replacement brushes and he stated that he felt that the city should consider the purchase of the sturdier Elgin brand. Members responded that it might not be prudent to make a purchase this year if it hasn't been budgeted and urged Dasher to continue to use the Tennant model.

He also mentioned that he should have some help when it comes time for the sewer roding project to begin, by hiring perhaps a part-time employee. Humbert stated that it would be good policy if the public works department developed a written plan for routine maintenance tasks but no formal action was taken.

Related to other public works matters were the written documents that gave approval for H & H Contracting to conduct the routine maintenance of the water tower, copies of a memo sent to residents along 3rd St. NE informing them of the disruption of a household auction on May 4th and the authorization to begin spraying to Loren's Spraying Service, all prepared by the city clerk.

Rich Romness then appeared to discuss the revised lot rearrangements involving Lots 1 and 2 of the proposed Freeport Industrial Park. Members were pleased with the new map prepared by Sam DeLeo of SEH that granted a 20 foot easement to Franklin Sign Co. and the resulting 55' x 70' pad for their current billboard. In conjunction with this map, the group also read a letter from William Meyer, City Attorney, who recommended that the city negotiate these items with Franklin:

  • convey a tract consisting of 55' x 70' for their current billboard
  • convey to them a permanent 20 foot easement along the western city limits to provide access to the site from a future proposed roadway
  • terminate all leases, agreements, promises and covenants existing

Meyer pointed out that if these terms can be put in place, it would eliminate the right of first refusal now in effect which impacts a great deal of the future development. Thelen then moved to submit this proposal to Franklin in writing, s/Atkinson, while at the same time seek to arrange for joint meeting. All voted in favor of this motion.

Romness then asked the council for some direction in preparing the plans and specifications for the future sewer and water extensions in the new Freeport Industrial Park and by consent, the members agreed that only four lots on the east end needed to be served now. Romness responded by saying that he would now return on May 14th with a cost estimate of the project, along with other options, including curb, gutter and bituminous improvements.

Public Hearing

At 8:35 P.M., the mayor called for a public hearing on the pending preliminary plat that would include some 88 acres to be acquired from the Middendorf Partnership. In addition to naming the plat "Freeport Industrial Park", the clerk stated that a street name, future easements, any lot rearrangements and the first phase of a final plat could be addressed at this time. After a call for public comments, and there being none, the hearing was closed at 8:42 P.M.

Heidgerken then moved to name the plat the "Freeport Industrial Park" and a second was offered by Boelter. On a roll call vote, all voted in favor with the exception of Atkinson and the motion passed, 4-1. Heidgerken then moved to name the future road Ohlenkotts Road, said Boelter. By a unanimous vote, this motion carried. Since the status of the Franklin easement was still unresolved, any lot layouts were set aside at this time with the understanding that this could be designated in the first phase of the final plat. The clerk explained that due to the recent changes, no current plat or proper legal descriptions were available and, this too, would have to be reviewed at the final plat stage.

Old Business

Members Humbert and Heidgerken, representatives of the street committee, reported on their findings of the Roman Meyer defective concrete driveway approach. Based on the fact that no other nearby property had the same condition, they recommended that the city reimburse most if not all of the repair costs incurred by Meyer. Although the clerk had requested Meyer to submit a bill for his charges, none was yet returned and because of this, the council agreed, by consent, to lay this matter over until such time as a request with statement is received.

A cover letter from City Attorney William Meyer, along with a draft road maintenance agreement to be entered into with Oak Township, was reviewed by all members. After hearing that this document, along with a pending revised joint resolution for annexation, would be presented to the Oak Township Board at their meeting next Monday night, a motion was introduced by Humbert, s/Heidgerken, to enter into said agreement with Oak Township. The motion was approved without dissent, 5-0.

Applications for several building and zoning permits were presented for study and the first two permits focused on single family dwellings to be built by Dave Anderson. After a lengthy discussion with Anderson, a motion to grant permits to Anderson was made by Boelter but died for a lack of a second. After noting that Sacred Heart Church had made application for a bleacher roof and two dugouts on obsolete forms, a motion was made by

Heidgerken, s/Humbert, to grant a building permit for these structures as well as a zoning permit for a scoreboard, provided the proper forms are returned with adequate fees. On a voice vote, Heidgerken, Humbert, Atkinson and Thelen voted aye, Boelter voted nay, and the motion was declared passed, 4-1.

An application to install a basement for an existing home was placed in front of the council, prepared by William Lemke on the old city forms. Humbert moved to grant the permit when returned with the proper forms, s/Boelter, and all voted in favor of such action. A building permit application from Gerald Mayers, to construct a wood deck and storage building, was reviewed for zoning standards. Upon being found to be proper, a motion to grant a permit was introduced by Heidgerken, s/Boelter, and with all voting in favor, the motion passed. A final application from Robert Bernard, Jr. requesting the new construction of a rear deck and replacement of a front deck was set aside as being incomplete, by unanimous consent.

Mayor Atkinson raised the issue of unsightly properties located on Lots 4 and 5, Block 1, Townsite of Freeport and after a brief discussion on whether to have the health officer or staff cite the properties as being nuisances, the members consented to allow the clerk to research the city code to determine the most proper course of action in cleaning up the land involved.

A re-cap of the April 24th EDA Board meeting was stated by the clerk who commented on their meeting with Pat Ellingson on the details of a pending lot purchase, after the land in question is annexed and platted. In addition, the EDA is seeking approval from the council to authorize the transfer of Lot 2, Block 3, Welle's Country Acres, from Chad and Janice Funk to Dana and Heidi Beuning. Thelen promptly moved to approve this transaction, s/Humbert, and with all voting in the affirmative, the motion passed.

Among other EDA issues was the need to follow up to insure that the recently disposed sign in the Welle Development also required the retrieval of the 4" x 4" corner posts and that a comprehensive plan be explored for the city to use as a guide in the future.

The matter of the Carrie Pohlkamp utility charges for the months of January, February and March, amounting to $1,127.59, when previous months' statements averaged $30.70, was again debated. After viewing a formula prepared by the mayor, Heidgerken moved to reduce her payment by $471.69, however, this motion died for a lack of a second. With no alternatives forthcoming, the council directed the clerk to place the issue back on the May 14th agenda for further consideration.

Ordinance No.2002-4-30-2, an ORDINANCE AMENDING THE CITY CODE OF 1995 RELATING TO LAND USE REGULATIONS by revising Section 500 to rezone all of Lots 4 and 5, Block 1, Townsite from its current R1 District to a C1 District, was placed before the members. With no discussion, Thelen moved to adopt and publish, s/Humbert, and by roll call vote, the motion passed 5-0.

Resolution No. 2002-06, a "RESOLUTION AUTHORIZING WORKERS COMPENSATION INSURANCE COVERAGE FOR THE FREEPORT ECONOMIC DEVELOPMENT AUTHORITY" was read aloud by the clerk. Since this matter had been studied in depth previously, a motion to adopt was made by Humbert, s/Boelter, and all voted in favor.

Resolution No. 2002-07, a "RESOLUTION AMENDING THE LICENSE, CONSUMPTION AND PERMIT FEES UNDER THE FREEPORT CITY CODE OF 1995 (APPENDIX I)", was distributed to the council after input was heard earlier. With little debate, Heidgerken moved to adopt, s/Humbert. With all members voting aye, the motion was approved.

A building inspection contract with Dan Marthaler to serve in this capacity as a certified building official with the State of Minnesota was again laid in front of the members. It called for 85% of permit fees to be passed on to Marthaler as well as 100% of the plan check charges. Heidgerken moved to approve this contract, after certain changes had been made to the original document, with a second offered by Boelter. On a voice vote, the motion carried by a 5-0 margin.

New Business

Both an application for a temporary intoxicating liquor license and a lawful gambling exemption permit for the dates July 20-21, 2002, from Sacred Heart Parish were presented for review. After hearing from the clerk that the liquor license was now $25 rather than the $15 submitted and that no liquor liability insurance certificate had been received, Thelen moved to authorize both requests, subject to the condition that the proper fees and documents were provided prior to the issuance of said licenses, with a second offered by Heidgerken. With 5 ayes and no nays, the motion was approved.

After reading a letter from Michelle Hartman, representing the firm of MEDN, who have acted as the city's tax increment financing consultant, the council noted that she had reduced the eligible amount of TIF expenses for Quality Trailer Sales. This business, located within the city's sole TIF District No. 1, had claimed some $96,000 in eligible costs and MEDN had determined only $71,000 was appropriate for future reimbursement. As a result, she had prepared Resolution No. 2002-08, a "RESOLUTION AMENDING THE BUDGET LINE ITEMS IN TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 1 AND APPROVING THE AMENDED TAX INCREMENT FINANCING PLAN RELATING THERETO".

Humbert moved to adopt the document so as to not jeopardize future tax increment receipts, s/Thelen. On a voice vote, all voted in the affirmative to approve.

A staff memo prepared by the clerk detailed the summary of a phone conversation with the owners of Melrose Fertilizer who sought to appeal their current assessments for parcel 54-32084-005. Although the assessment of $14,212.00 had been certified to the county auditor in 2000, with one tenth of the initial amount collected in 2001 for a period of ten years, the petitioners now sought to have an adjustment made. Unsure if the city had used proper procedures in the notification process, the clerk was instructed to research the matter and report back at the next meeting.

A list of current delinquent utility customers, with outstanding amounts at least 60 days old, was passed along to the members. Along with the list, a copy of a letter sent to all of the affected customers, warning them of water shut-off if their accounts were not paid by May 15th was introduced. Staff revealed that they would update the council on the status of these accounts after May 15th.

As part of the annual community notice program, a Minnesota Department of Health memo provided the results of the drinking water standards for Freeport, with the reminder that this consumer confidence report must be published or mailed to all residents by July 1st. By consent, the council agreed to have the report mass-produced by a copying firm and distributed to all customers in June, with a reply to the MDH as to the method used to follow the notification.

Claims for payment, amounting to $18,168.33, was detailed in written form, for purposes of review and approval. Members questioned a $2,749.08 bill from the Minnesota Unemployment Compensation Fund, for a former employee pro-rata share of liability when this employee had voluntarily terminated his position. The clerk was asked to research this statement and determine whether the city was responsible. At this time, Thelen moved to pay said claims, s/Boelter, and all voted aye.

Clerk Heinen presented a first quarter budget review that resulted in the various funds having a fund balance at March 30th, with a comparison picture of the January 1st status:

  • Fund January 1 March 30
  • General Fund 101,343.00 213,979.88
  • General Street 195,789.95 221,755.17
  • General MM 56,653.33 43,441.90
  • Area Fire 37,623.59 (6,047.26)
  • EDA 193,045.82 184,577.37
  • Water 68,849.08 52,120.73
  • Wastewater 103,612.96 100,451.51
  • Debt Service 0.00 (48,887.50)

In addition to illustrating the cash fund balances for each fund, the council was given the report on each department's receipts and disbursements for this period. No action was taken since this summary was for informational purposes only.

These items of correspondence were all reviewed, after being sent out earlier with the meeting agenda:

  • US Cable franchise fee payment for first quarter
  • Probationary memo for employee Joel Dasher, after 6 month review, with appropriate wage adjustment
  • Stearns County Sheriff's Department March summary of activities
  • Memo to Stearns County Highway Department re: movement of speed signs

 

With no further business to come before the members, the meeting was declared adjourned at 12:25 A.M., by unanimous consent of the council.