Also in attendance were the following: Jim Schulz, Terry Duffy, Graeme Mahler, Michael Timp, Susan Slupe, Jim Niska, Al Roessler, Mark Middendorf, Jennifer Blenker, Theotis Canada, Vernon Fuchs, Eileen Rosen, David Lange, Joyce Lange, Cherl Rasmussen, Lisa Heinen, Lucile Harms, Cecil Harms, Sgt. Robert Dickhaus, Fritz Laing, Shirely Laing, Bernie Laing, Mary Ann Laing, Walter Beuning, Michael Timp, and Neal Borgerding.
Staff persons on hand were Paul Hetland and Joel Dasher.
The Pledge of Allegiance was said by those in attendance.
Agenda
Goebel moved and Humbert seconded a motion approving the meeting agenda with corrections. Discussion offered. Motion carried 5-0.
Minutes
Goebel moved and Humbert seconded a motion to approve the June 29, 2005 meeting minutes with a grammatical correction noted. Discussion offered. Motion carried 5-0.
IV. Hearings
Dangerous Dog located at 211 – 1st Ave N – Hearing
At 7:34 PM Worms opened the hearing and set the time of the hearing for 20 minutes with 10 minutes for supporting and opposing testimony.
Hetland provided written testimony, his letter to the owner, and highlighted copies of the animal ordinance pertaining to dangerous and potentially dangerous animals – all of the documents are on file for review. He also stated that the purpose of the hearing is to hear testimony on his executive and interpretation of the animal ordinance.
Jennifer Blenker testified that the dog never bit or attacked any children. Blenker supplied a letter from children,. Theotis Canada testified that the animal was not a dangerous animal. Worms asked when the owner received the dog. Canada responded that they owned it for a little over a year and they took it in because it was going to be put to sleep.
Cheryl Rassmussen testified that the dog is a dangerous animal.
Lisa Heinen testified that the dog is a dangerous animal.
8:06 PM. Blenker and Canada left the room.
Eileen Rosen testified that the dog is a dangerous animal.
Cecile Harms testified that the dog is a dangerous animal.
Joyce Lange testified that the dog is a dangerous animal.
Dave Lange testified that the dog is a dangerous animal.
At 8:10 P.M. the dog, known as Buddy, was brought into the building by Jennifer Blenker.
Worms closed the public hearing at 8:16 PM without objection. Worms asked for a delay in the decision until later in the meeting to allow time to evaluate the testimony.
Sgt. Robert Dickhaus, Stearns County Deputy noted that the ordinance should be enforced and the responsibly for violations should be from pet owners
Island Paradise Preliminary Plat – Hearing
Worms moved to open the hearing for the Island Paradise plat at 8:20 PM.
Terry Duffy, on behalf of TDGM Investors, LLC, addressed the Council giving an overview of the preliminary plat and answered questions. The developer noted that water services would be extended to the Island Paradise development at the developer's expense. He also noted that an agreement would be made to allow other property owners along County Road 11 to hook onto the line at a future point for an amount equal to the actual cost of supplying the waterline in a formula agreeable to the homeowners and the developer. Schulz had recommended extending the sewer and water lines in the development to the west edge of the property line for future expansion. The developer agreed to the suggestion. Duffy noted that a majority of the older, larger trees would remain.
Discussion continued regarding providing a road easement through the proposed cul-de-sac to the westerly line of the plat. Schulz noted that the narrowest point for a road would be just to the south of Lake Freeport and at the upper, northwest corner of the proposed plat. Fritz Laing noted that the section in question is approximately 300-400' wide. Schulz stated that he estimated the narrowest point to be about 200'. Schulz and Council noted that future development to the west could be accessed by other means. No further statements were made by those present regarding the proposed road easement, no recommendations were made and no action taken.
Neal Borgerding stated that the area along the westerly and southerly edges of the proposed development is a county ditch and it was his understanding that it would need County approval to alter.
Mike Renneker asked if there was another outlet on the lake. Those present noted that the wetland on the south side of the lake was the only natural outlet.
The developer noted that they would hope to substantially complete the project by mid to late September. The newly constructed street would be graded with Class 5 by this winter. The developer also agreed to install street lights with City approval.
Hetland mentioned forwarding a draft copy of a development agreement. The developer noted that they had received the document and will work with the City to create an agreement.
Wetland delineation was mentioned and that the developer is currently working with Stearns County Environmental Services.
Hetland and Schulz noted that the preliminary plat was not in compliance in that ordinance states the lots along the shoreland must be 150' in width. However, it was also noted that the underlying district is Residential-1 and those lot width minimums are 100' and that the Stearns County ordinance along lakeshores, for this type of development is 100'. The developer noted that the plat was intended to indicate all lots to be a minimum of 100' along the lakeshore and the adjustment would be made on the final recorded drawings.
Worms moved to close the hearing at 8:56 P.M.
Ken Goebel moved and Humbert seconded a motion to approve the preliminary plat as presented and with the changes noted regarding lot width and extending the services to a width of 20' to the west. Discussion was offered. Motion carried 4-0 with Tim Hennen abstaining due to a conflict of interest as a relative of the developer Graeme Mahler.
Al Koetter Request for lot split – Hearing
At 8:58 P.M. Worms opened the hearing. Hetland gave a brief overview of the lot split request and asked for further comment from Schulz as city engineer, none was given. Joe Hennen moved and Dave Humbert seconded a motion to allow the lot split. Discussion followed. Worms moved to close the hearing at 9:03 PM. Motion carried 5-0.
Animal Ordinance proposed changes – Hearing
Worms moved to open the animal ordinance hearing 9:06 PM. On the discussion pertaining to allowing the first impound to be free, Vernon Fuchs mentioned that the first hour of staff time is not free in collecting an animal. Humbert moved and Joe Hennen seconded a motion to charge for the first time an animal is impounded (or picked up) for fee of $50, the second time being $75, and the third time being $100. Discussion offered. Motion carried 5-0.
Goebel moved and Humbert seconded a motion to approve Ordinance No. 2003-03 with the proposed changes and effective immediately. Discussion offered. Motion carried 5-0.
At 9:24 PM Worms closed the hearing.
New Business
Open Public Forum
No one requested to address Council.
Law Enforcement in the City of Freeport
Bob Dickhaus, Stearns County Patrol Sergeant was present to discuss contract services in Freeport. He noted that there are about four people assigned to west end of the County for most days of the week. He also noted that the Sheriff is required to respond to all calls regardless of contract presence or absence. He noted that the following cities currently have contracts with the Stearns County Sheriff: Brooten, Holdingford, Rockville, St. Stevens, and St. Augusta. All of them have varying, city-specific contracts to meet their individual needs. The fee is $40 per hour, but prosecution is not included in the agreement. He stated that there is no cost to the speed trailer that can be placed in the City to monitor traffic and speeding vehicles. He further noted that after 9:00 P.M., that there are up to eight patrols on the west end of the county. He also noted that the contract can help establish community watch programs in answer to a question by Tim Hennen.
Sue Slupe mentioned that the Freeport Chamber of Commerce had discussed that people and businesses want a safe community and a safe place to raise children. The Chamber of Commerce would like to see a presence and a law enforcement program.
Dickhaus did note that a citizen can file a complaint regarding a violation of the law, like speeding. That person may ultimately be asked to appear in a judicial setting, as a witness, to enforce a charge.
On the note of using more than one law enforcement entity in a city, Dickhaus stated that generally, citizens find it confusing.
No action was taken, but the City will continue to work with the Stearns County Sheriff's office and other local enforcement entities along with citizen input to address and meet Freeport's needs.
At 9:53 P.M., Worms called the question to render a decision on the dog belonging to Jennifer Blenker and Theotis Canada. All Council Members spoke in favor of enforceing the ordinance and ratifying the decision of the City Animal Control Officer.
Worms moved and Humbert seconded a motion to approve of the Animal Control Officer's directives in compliance with city code and with the testimony written and verbal provided. Goebel called for a roll call vote. Motion carried 5-0 as follows: Joe Hennen in favor, Goebel in favor, Worms in favor, Humbert in favor, and Tim Hennen in favor.
10:01 P.M. Worms moved for a brief recess.
10:13 P.M. Worms reconvened the meeting.
Al Roessler, Pilot Land Company requested that the City approve the work completed on Welle County Acres Plat 2. Discussion followed with an update of the project's construction from Schulz. Joe Hennen moved and Goebel seconded a motion to accept the sewer and water lines at a date the City Engineer and Public Works Director can inspect the lines at which date and time the warranty per the development agreement would begin. Discussion offered. Motion carried 5-0.
Old Business
2nd Street – proposed work
Worms asked if Council had any questions regarding the proposed street work. Discussion followed regarding funding the proposed improvement. Worms commented that he would investigate options of working with the company to pay for half of the amount this year and the remaining amount in 2006 to assist in budgeting the project.
ClearWire agreement
Hetland brought forward the proposed agreement for action. Joe Hennen moved and Humbert seconded a motion to invite a representative from ClearWire to a meeting convenient for them to present four options for placing the antenna on the water tower and offer a $900 per month contract for five years. Discussion offered. Motion carried 5-0.
Consent Agenda
Joe Hennen moved and Humbert seconded a motion to approve the consent agenda.
Which included the following: Claims in the amount of $80,546.81, Resolution 2005-022 regarding a MnDOT trail construction permit for the Main Street Project, a payment for the last two years of the USDA bond for the amount of $73,021.25 and the load itself in Resolution 2005-023, and June payroll. Discussion offered. Motion carried 5-0.
Report – Jim Schulz, SEH, City Engineer
Schulz gave a verbal report.
He noted that Change Order No. 1 will be forthcoming which will include the lowering of the water main and for additional business construction signing (the latter will be a credit by S E H on the payment application).
Report – Joel Dasher, Public Works Director
Dasher provided a verbal report and written report which is on file for review.
Hetland and Dasher noted they are investigating the possibility of providing water and sewer overdue accounts (over 90 days) to City Council and releasing to the Media. No action was taken and more information will be provided at a future meeting.
Report – Paul Hetland, City Clerk/Treasurer
Hetland provided a written and verbal report which is on file for review.
At 11:22 P.M. Joe Hennen moved and Humbert seconded a motion to adjourn the meeting. Motion carried 5-0.
