Among the general audience were Jim Hemker, Phil Osendorf and Brian Schulzetenburg.

Minutes of the April 30, 2002, meeting was reviewed, after being sent out earlier with the agenda packet. After noting several errors, Boelter moved to approve the minutes, s/Humbert, and with 4 ayes and no nays, the motion passed.

Engineering Reports

Carlson first approached the council to talk about the wastewater ponds condition that was detailed in a survey site map. This map, first illustrated at the last meeting, detailed the settlement of 2-4 feet of the dikes in place and Carlson noted that the original elevation of 1209 was now 1207 in most places and his feeling was that some of this settlement actually occurred during the construction phase in 1994. He also indicated that there might be stress cracks in the pond base and the SEH staff recommendation to add some 3-4 feet of fill along the dike walls was not what MPCA was suggesting at this time. Instead, the agency was instructing the city not to disturb the dike system until they have further analyzed the condition. As a result, no action was taken by the council.

The Industrial Park issues were next addressed by Romness who talked about the public improvements needed within the first phase of the park. After again exchanging ideas about the scope of the project, the clerk presented a copy of Resolution No. 2002-11, a

"Resolution Receiving Report And Calling For Hearing On Improvements Relating To The Freeport Industrial Park-Phase 1" and the attached exhibit of the engineer's estimate of $307,230 for this phase. Since there appeared to be one single property that would be assessed for a portion of the costs for the sewer, water and street improvements, the need to set forth a public hearing date/time within the resolution was included, with a June 12th date and 8:30 P.M. time selected. With these portions of the document now set, Humbert moved to adopt said Resolution No. 2002-11, s/Boelter, and by unanimous vote of 4-0, the motion was approved.

The clerk then introduced the summary meeting notes with Steve Anderson of Franklin Sign Co. after several members of the council met with him on May 23rd to negotiate the various term items that would impact the future development of the plat. Most of the issues involved the removal of current easements/options and after allowing comments from Jim Hemker in the audience, members revised and/or eliminated some of the key points raised in the joint session. Humbert moved to adopt the revised agreement points and forward the amendments to City Attorney William Meyer for purposes of drafting a general contract to be entered into with Franklin Sign, s/Boelter. On a voice vote, all voted in the affirmative and the motion was approved. In a final item, the need to begin the preparation of a purchase agreement with Ellingson Plumbing & Heating at this time was debated, after a preliminary time schedule of events involving the Industrial Park was made available to all. With Phil Osendorf present, members exchanged several questions with him and then discussed the need to follow the EDA recommendation on the $12,000/acre land costs. With the improvement estimates now known, and using a flat 3.0 acres as the land basis, the improvement costs were pro-rated to be $52,305. As a result, Humbert moved to have staff prepare a purchase agreement with Ellingson, with a land fee of $36,000 and assessment estimates of $52,305, or a total of $88,305, to be used as a negotiating starting point. Boelter seconded the motion and following a roll call vote, all voted aye to approve this action.

Old Business

After receiving a phone call from Dan Marthaler earlier in the day, the clerk reported that he had not received the necessary approval from Doug Nord of the State Building Codes

Division, on the progress of meeting certain standards in the upgrades of structures located on Lots 1 & 2, Block 1, Welle's Addition. As a result, Marthaler had nothing to add to his scheduled appearance and no action was taken on the consideration to approve building permits for Lots 7 & 8, Block 1.

With the aid of computer generated maps produced by Sam DeLeo of SEH, Inc., Heinen revealed the tracts of land that would be gained by the city, after the Middendorf Partnership would deed some .5 acres within the NW ¼ of Section 10 to Peter and Marilyn Heidgerken and the Heidgerkens' would deed this and another tract containing some 2.85 acres within the same NW ¼ of Section 10. It was also revealed that the first tract was not within the annexed boundary and the city would not pay for the .5 acres, since this action would be only for purposes of cleaning up an island south of Sentry Road. Although the mayor was reluctant to spend any more money than necessary on the platting and annexing transactions, Humbert moved to work towards eliminating this island tract now owned by the Middendorfs and authorize the city to pay for related legal and recording costs, s/Thelen. On a unanimous vote, the motion was adopted.

After viewing the statement of charges imposed by Gary Meyer for repair work done to the curb and gutter in front of the Roman Meyer residence at 318 8th St. SE for $375.00. Thelen promptly introduced a motion to have the city assume the entire responsibility, s/Humbert. With no debate, the motion was quickly approved on a unanimous vote.

Members were given a copy of the recent certified letter sent to the estate of Adeline Burg, after the residence at 209 Main St. E. was deemed to be a litter site, in conformance with the city code. No action was taken since the owners of this property had until June 1st to take some cleanup action or indicate to the city why it should be exempt from such action.

New Business

Applications for the renewal of intoxicating liquor licenses, including on-sale, off-sale and Sunday sales, were introduced for these establishments:

  • Ackie's Pioneer Inn on-sale, off-sale, Sunday
  • Jan's Corner Pub on-sale, off-sale, Sunday
  • Freeport Softball Club on-sale, Sunday

The clerk indicated that all sites had paid their proper fees and only Ackie's Pioneer Inn had not yet submitted the required insurance liability certificate. With that, Thelen moved to approve the renewal of said licensees but to delay forwarding of the applications to the Department of Public Safety until all requirements were satisfied.

Boelter seconded the motion and with 4 ayes and no nays, the motion passed.

A separate application for a 3.2 beer license on behalf of the Freeport Softball Club to conduct on-sales at the Lions Club Softball Field for the term of May 31st through June 2nd and for three temporary intoxicating licenses for sales during softball tournaments in late June, July and August were also presented. Following a brief explanation to several questions posed to staff about the single 3.2 beer request, a motion to approve all four applications was made by Boelter, s/Thelen, and the motion passed, 4-0.

Staff Reports

Maintenance Supervisor Joel Dasher provided a written summary of requested action and various project follow-up. Included in his report was information on the ponds, the request by Jim Meyer to satisfy a $300 claim against the city for damage to his equipment, the need to hire a dust control firm, the location of several potholes needing attention, a water well fluoride tank on order, cell phone replacement and the fact that a young delinquent person had been assigned community service work here. Upon a motion by Thelen, s/Boelter, the maintenance department was directed to enter into an agreement with Cellular 2000 for a cell phone at a cost of $19.95 monthly with a voiced mail option.

This motion carried, 4-0. Authorization to engage a dust control firm, with a 5% increase in last year's budget, was granted following a motion by Thelen, s/Boelter, and approved with no dissent. Dasher also announced that a Road Boss grader would be on hand in early June for a demonstration and he also indicated his desire to go on vacation during the last week of June. He would work ahead on the weekends, if necessary, should he not have enough personal hours accumulated and asked that some consideration be given to seeking out a part-time replacement to cover for him in these instances or if he were laid up due to illness or injury.

The city clerk presented a list of pending payables in the amount of $15,121.69. After reviewing the claims, Boelter moved to make payment as presented except for the amount to H&H Contracting, which he reduced by $390 to an even $1,000. Humbert seconded the motion and by voice vote, the motion passed, 4-0.

Phil Osendorf appeared to ask that the city sent out a reminder to Ivan's Body Shop, asking that this firm comply with the stipulations contained in a conditional use permit that it was granted. He stated that it appeared as though more debris was being stored on the premises than was allowed by the permit. The clerk agreed to look into the use permit standards and inspect the property as well and mail out the necessary warning.

By consent, the council agreed to move the regular meeting dates back one day for the summer months so that the sessions would now be held on Wednesdays (2nd and last).

The meeting was adjourned at 11:30 P.M. upon unanimous consent of the council.