Agenda

Humbert moved and Joe Hennen seconded a motion approving the meeting agenda. Discussion offered. Motion carried 5-0.

Approval of the Minutes

Joe Hennen moved and Balderston seconded a motion approving the meeting minutes for July 25, 2007. Discussion offered. Motion carried 5-0.

New Business

Open Public Forum

John Botz was present to address City Council. He asked about the purpose of the arrangement with Sacred Heart Parish to establish a new city park. Hetland gave a history of the arrangement. Botz also inquired about events at the Senior Center over the weekend. Hetland responded that there was a question regarding alcohol usage and liability concerns at the facility. Hetland noted that there was not an incident of any kind at the Senior Center, only questions beings asked and that the City was currently researching the issue. Botz also inquired whether the current usage of the Senior Center warranted the proposed repairs as suggested in a handout regarding the condition of the building's siding. It was noted that the Senior Center's siding concerns would be brought up later in the agenda. Botz noted that he had other concerns for Council but he needed to research his questions further outside of the meeting.

Hearing for the consideration of Welle Country Acres Plat 3 – preliminary and final plats

Worms opened the hearing for consideration of the preliminary and final plats for the Welle Country Acres Plat 3 at 7:34 P.M. Al Roessler and Donny Anderson were present presenting Freeport Properties, LLC as the developer of the proposed residential development expansion. Jim Schulz noted that the designs were in compliance with what was planned in the overall design of the development proposed two years ago. Schulz noted that three more street lights would be installed along the expanded streets. It was noted that all costs of the project are paid by the developer.

There was discussion on installing water and sewer service lines on the north end of the City Park in the area since the project's scope was going along the north side. It was discovered that such service lines were installed on the west entrance to the City Park and the northern extension was not necessary.

There was also discussion about sewer and water access fees that had risen earlier in the year from $700 to $1200. Hetland explained that $60,000 would be generated for the both the water and sewer funds if the amount remained constant for the remaining 50 homes. At the beginning of the entire development a couple years ago, it was publicly noted that by adding 74 more homes the City would be going over the recommended fire capacity limit of our water tower and would therein be committing the City to a new one at a future point. At the time, a new water tower cost about $450,000. Due to the dramatic increase in steel prices, a new water tower today costs about $800,000.Roessler requested the fees stay at $700 each but understood the reason for the fee increases. Roessler did want to check with the development agreement for the first phase of the development to see if the fee was to remain constant for the entire development or just that first phase. He asked for an extension on approving the development agreement. Hetland noted that after consulting the attorney, that the development agreement could be approved after the plat approvals if it was the desire of Council to do so.

Humbert moved and Tim Hennen seconded a motion to approve the preliminary and final plats of the Welle Country Acres Plat Three. Discussion offered. Motion carried 5-0.

Worms closed the hearing at 8:05 P.M.

Hearing for Ordinance 2007-05 – Approving a Self-Perpetuating State Building Code

At 8:06 P.M. Worms opened the hearing for the consideration of Ordinance 2007-05.No one addressed Council on the matter. Worms closed the hearing at 8:31 P.M. Joe Hennen moved and Tim Hennen seconded a motion approving Ordinance 2007-05 adopting a self-perpetuating State Building Code. Discussion included Hetland noting that the ordinance does not change current building practices in the City, it only allows the building inspector to execute the current version of the State Building Code and it reduces the necessity of changing City Code to match statute updates on an annual basis. Motion carried 5-0.

Wetland Mitigation Request

Hetland gave a review and presentation of the history leading to the in-kind mitigation service from Al Beste and provided a letter from Beste addressed to the City for Council's consideration. Hetland noted that Beste received a cease and desist order regarding the cleaning out of a ditch on his property located to the west of 2nd Avenue SW and 2nd Street SW in the mid summer of 2006. At the time, Beste had three choices:

  • to do nothing and accept a property lien regarding the order
  • restore the effected wetland area to the pre-existing condition
  • to mitigate the disturbance

Beste chose to mitigate. At that time, Beste had the choice to work on his own to mitigate the disturbance with his own engineer and work with the Stearns County Department of Environmental Services to purchase market-rate wetland credits on a 2:1 ratio or work with the City in its wetland mitigation plan, along with a few other parties. Beste chose to work with the City's mitigation plan. At the time, Greg Bechtold of the Stearns County Environmental Services Department, recommended that the City should take into consideration that the work Beste did with the land improved the storm water conditions in that area of the City. At the time, the City agreed with Bechtold's recommendation and gave Beste the unique opportunity to perform in-kind service or pay the under-market rate of 32 cents per square foot to mitigate the land affected in Beste's cease and desist order. Beste chose to perform in-kind service. Hetland noted that these options were clear to various parties at the time of the mitigation plan about one year ago, but that apparently these options and the situation itself was not clear to Beste in 2007. Beste claimed that he felt "criminalized" by the City in 2007 while performing his agreed upon in-kind service. The City contended that the in-kind service was to assist Beste at no cost to him and per his agreement in 2006. Hetland further noted that regardless of the choices Beste had and the facts of the situation that neither he (nor a few others who had recently spoken with Beste) thought that Beste was attempting to take advantage of the City. Hetland recommended that the City reimburse Beste for the cost of the repaired drain tile in 2006, an amount of $1262, in exchange for an easement on the tile in that the City may make future repairs on the tile line.

Humbert moved and Tim Hennen seconded a motion to approve the reimbursement of a repaired drain tile line in the amount of $1262 to Al Beste in exchange for a utility easement for continued maintenance on the line. Discussion included Hetland and Council noting that the repaired drain tile did assist the City's storm water system and could have been a City expense if originally brought to the City's attention. Motion carried 5-0.

Senior Center Siding

Worms noted that after inspecting the siding at the Senior Center, he thought the City should consider replacing it at a future point. He asked Hennen Lumber for an estimate on the project which was provided for Council's consideration. The total estimated repair would cost $6189.00 comprised of finishing work of $2700 and supplies for $3489.00. Discussion included investigating the possibility if the Senior Center could fund part of the amount. Hetland was asked to contact representatives of the Senior Center and discuss the matter further and report back to Council at the next meeting.

Old Business

Wetland Mitigation Update

Schulz noted that the seeding was completed as requested. He noted that hundreds of varieties of native seeds were planted and will flower over the next few years.

Reports

City Engineer, Jim Schulz, SEH

Schulz was present and gave a brief verbal report.He noted that the concrete platform by the liftstation along 7th Street SW was poured and that the panel has not been installed or accepted yet. He also mentioned that the concrete apron along the Pierskalla lot and 4th Avenue SW was also completed.

Public Works Director, Joel Dasher

Dasher gave a verbal report.

Dasher reported that the monthly water use had increased.

He reported that the security system software was upgraded and that waste water flow meters were installed and operational. Worms noted that the problems of inflow and infiltration can now be better understood and ultimately remedied. Dasher again noted that the upgraded system does not have any on-going fees and that the system will shortly be Internet accessible with both public and password protected sections.

Dasher stated that the waste water ponds will be sprayed again for broadleaf weeds and thistles by the end of the week and that he requested several land owners in the City to control their thistle infestations per state statute.

City Clerk/Treasurer's Report, Paul Hetland

Hetland presented a written report that is on file for review.

Consent Agenda

Joe Hennen moved and Humbert seconded a motion approving the Consent Agenda which included the following:

  • Claims in the amount of $29,171.14

Discussion followed. Motion carried 5-0.

Hetland was asked to check into negotiating cheaper long-distance charges for the City's lines. Hetland noted that he will do so before the next meeting.

Per Joe Hennen's request, Balderston moved and Tim Hennen seconded a motion approving of a 3.2 Liquor License for the Freeport Softball and Recreation Club for September 14, 15, and 16 at the Freeport Softball Field. Discussion offered. Motion carried 5-0.

At 9:06 P.M. Worms moved and Tim Hennen seconded a motion to adjourn the meeting. Motion carried 5-0.