Minutes of the March 12th regular meeting were introduced for approval and, after citing several minor spelling errors and the addition of several members of the audience being identified by name at that session, (Phil Osendorf and Brian Schultzenburg); the minutes were adopted following motion by Heidgerken s/Humbert, and ratified 4-0.

Committee & Staff Reports

Public Works - Joel Dasher reported on these issues:

  1. Snow Removal Contractor - he stated that their procedures were difficult to monitor and they could not always be found when snow needed to be moved. He felt that some clarification to their contract required changes after revealing that for the current season, some $1,970 had been paid to Kemper Trucking.
  2. Sanderv - he provided an estimate from J-Craft Industries that a new replacement would run almost $5,500 and no action was taken by the council at this time.
  3. Shop Heater - after calling to the council's attention that this item had been discussed earlier with no decision made, a written quote from Mid-Central Heating & Plumbling was again presented. Two options were stated, with a 70% efficiency unit quoted at $1,096 and an 80% efficiency unit priced at $1,320. Upon being asked what the replacement cost for a new exchanger would run, Dasher indicated that over $700 would be needed for this repair. With little debate, Thelen moved to purchase the 80% efficient model, s/Humbert. Before a vote was taken, some questions were raised about buying this unit now rather than wait for the warranty to begin in fall but since some dead period would be in place regardless of when the purchase was made, a voice vote passed on the motion by a tally of 4-0.
  4. Cell Phone - Dasher sought an upgrade of his current cell phone since he misses many calls and has to rely on picking up messages upon return to the city hall. He read from a Cellular 2000 rate sheet, which was not available to other members, about the various options but felt that a $29.95 monthly fee offered the best system, with an option to add a $9.95 weekend/nightly feature. Although Humbert moves to approve the purchase of the basic monthly service at $29.95 with a second offered by Thelen, Dasher ask that the matter be removed from consideration at this time and he is asked to secure the past long distance phone service costs and report back on this history.
  5. Six Month Review - he reminded the council that his probationary period is coming to an end in late March and asks the council to consider a wage increase, as part of his employment agreement. He suggests that there is no need to take action tonight and by consensus, the council agrees to move this issue to the upcoming special meeting on April 2nd.
  6. Trash Barrels - Dasher spoke about his scheduled rounds to periodically clean the trash barrels located along Main Street, with the barrel at Charlie's Cafe´ needing the most attention.
  7. Vacation - he sought to gain approval of his planned vacation breaks and revealed that his plans now were to be gone from May 10-15 and again from September 3-6. The council granted preliminary approval of these breaks.
  8. Pond Fencing - Dasher noted that there was a need to repair some of the fencing around the perimeter of the treatment plant and after asking where he should secure the materials, the council advised him to first seek out local businesses for price quotes and if none can obtain here, it would be then prudent to shop at the Waite Park Fleet Farm.
  9. John Deere tractor - since he was unfamiliar with the past maintenance practice, he asked if it would permissible to have the JD looked over at Heartland Equipment under their annual maintenance promotion and he was told this was acceptable.
  10. Water Tower Cleaning - after both he and the clerk had received a phone call from the firm of Liquid Engineering on a verbal quote to clear the city's water tower for $2,690, the council suggested that some research be done on the previous years' vendor and cost of this service and staff replied that they would have the background ready for the next meeting.

Public Hearing

At 8:05 P.M., a public hearing on consideration to adopt the state building code was called to order by the mayor. He then called upon the clerk to present the background material on this issue and Heinen laid out copies of the state's draft ordinance along with a worksheet that illustrated the new fees to be imposed for various types of building activities so that members could get an idea in the charges that would follow, including the fees that would be passed along to a new building inspector. Before the general public offered any comments, the mayor spoke about the need to adopt such a code that was prompted by the reporting of a local citizen of certain construction on two new homes in the Welle's Country Acres Addition, that had now resulted in a state cease and desist order being issued.

Boelter arrived at 8:15 P.M.

Don Anderson, current state supervisor of the codes division based in St. Cloud, spoke again about the need to not adopt paragraphs B and C contained in the model ordinance and he was asked several questions from the members. The fact that a waiver provision was possible for any individual who chose to do the work himself and that certain contractors would be exempt if their earnings did not exceed $15,000 annually. After closing the hearing at 8:20 P.M., the mayor called for action from the council and Humbert moved to have the city attorney prepare the required ordinance that would adopt the code, s/Boelter, and with a roll call vote resulting in all voting in favor, the motion was declared passed.

At this point, the mayor inquired if it would be prudent for the city to impose a moratorium on all construction while the building code ordinance was pending and this resulted in the drafting of a resolution to impose the suspension of issuing any permits.

Humbert moved to approve a moratorium resolution, s/Boelter, and all voted aye to approve Resolution No. 2002-05, if found to be legal and proper in the eyes of the city attorney.

Rich Romness of Bolton & Menk, Inc. approached the council to lay out the recently prepped preliminary plat entitled Freeport Industrial Park. He surprised all by stating that it appeared that a triangular piece of land, lying north of the township road, was owned by another party. Members suspected that either a Peter Welle or Pete Heidgerken was the owner but it meant that another party would have to consent to the annexation as well as the plat. The issue of the Franklin Sign Co, lease was also reviewed and at this point, Peter Carlson of SEH indicated that he would speak to a rep of that firm in an attempt to obtain some feedback on their position. The clerk stated that he and the mayor would visit with Oak Township Board on April 1st to announce the recent developments of the plat and annexation. Heidgerken then moved to set the plat public hearing for April 30th, with the stipulation that the land in question be zoned agricultural for the time being, with a second offered by Thelen. All voted in the affirmative.

Carlson then moved on to his report regarding the 7th St. SE drainage project but stated that he had not yet met with MNDOT, due the recent snows impacting the viewing of the site. He was also quizzed on the statement of charges from his firm amounting to $18,549.97 and he replied that he would provide a breakdown by the next meeting to show what portion was to be applied to the 3rd St. No. improvements, in order for staff to properly allocate costs for that area as well as 7th St. SE. The discussion moved on to consolidating the 7th St. SE work with that of the Industrial Park but no concrete decision was made.

Old Business

The mayor recapped the events of the EDA Board meeting of March 20th that resulted in the board re-stating their desire to secure a letter of intent from Pat Ellingson, which the clerk had since prepared and laid out for all to view. Heinen stated that he had not received a response yet. In other board action they recommended approval to sell Lot 5, Block 1, Welle's Country estates. Before making a motion to authorize this action, the members debated the remaining lot ownership in this addition, since it was reasoned that the EDA no longer owned Lot 2, Block 3, contrary to the county's tax records. With that, Heidgerken moved to approve the sale of Lot 5, Block 1, for $16,500 to Hennen Lumber, with a second made by Thelen. On a voice vote, the motion passed, 5-0.

The clerk introduced background information relating to the past audit costs of the city that revealed these amount:

  • 1999 $4,850
  • 2000 7,175
  • 2001 8,399

As an option to an original proposal submitted by Schlenner & Wenner for a three year contract, the clerk requested that a one year agreement be provided and that firm had done so, with a $7,215 cost indicated. After Thelen introduced a motion to engage this firm for a one year contract, discussion then resumed on whether the current year fire department audit costs were included. A study of the proposal indicated that it was so that some $1,355 would be reduced from the stated cost. With that, Boelter seconded the motion and a roll call vote, Thelen, Boelter, Atkinson and Humbert voted aye, Heidgerken nay, and the motion was declared passed, 4-1.

A study of two recent high utility bills for local residents was debated and the clerk revealed that the Kevin Heinens' had verbally stated that they were not appealing any reduction but some members were concerned that the Carrie Pohlkamp statements of the past two months that illustrated over $900 in charges. Mayor Atkinson spoke against granting any reductions in these cases, stating that all other taxpayers would be picking up these costs if a reduction was given. No action was taken on these cases but the council was given a list of past due accounts that indicated some 4 accounts were at least 60 days in arrears. By consent, the council directed staff to send out delinquency notices for these and any other situations when 60 days has passed without payment.

Dennis Poepping appeared to appeal the decision of the council that required him to move his vehicles on a residential lot, citing a violation of City Code Section 500.25, Whereby the display of vehicles was allowed as a permitted or conditional use. With the aid of the land use section of the code, the members agreed that the letter sent out by the clerk was proper and Poepping's appeal was denied.

New Business

With the recent weather conditions causing Interstate travelers to seek overnight sanctuary in the city, the mayor explained that he obtained the keys for the Community Center but he felt uncomfortable with not having an emergency policy in place. Members agreed that some protocols should be in place and suggested that a joint session with the Community Center Board of Directors might be a good starting point but at the same time the use of the Senior Center should also be considered for snow-storms or the summertime tornado/wind events. Involvement of the fire department is also advised and the clerk was instructed to seek out sample plans or research if the city has a civil defense policy in place.

After viewing a written notice from Caldwell Asphalt about the options for summer road maintenance work, the council advised the clerk to write to Caldwell Asphalt to have them prepare a proposal on crack fill / seal coat costs, after first conducting a city-wide inspection. It was assumed the members would then consider approving a contract for services if the costs fell within the budget figures.

After studying a memo from Stearns County, the council authorized Joel Dasher to attend one of the noxious weed workshops to be held on April 3rd.

Building permit applications for Tony Reuter and Rick Leukam were introduced for approval and by consent, the Reuter application was determined to be exempt from permit requirements. The Leukam application may not proceed in light of the earlier action whereby a moratorium was put in place for new construction, however, all agreed that the clerk should check with the city attorney to see if the moratorium was legal. If not, the applicant should be granted a permit, provided he abides by the current zoning standards.

A list of pending payables, amounting to $26,575.15, was introduced for consideration for vendor disbursements. A motion was made by Thelen, s/Boelter, to adopt the claims register and pay said bills. Motion passed, 5-0.

After viewing the packet of correspondence, the meeting was adjourned at 11:25 P.M., by unanimous consent of the council.