The prepared agenda format was set aside and the mayor called upon Mrs. Scott (Ann) Hoeschen to hear her voice her complaint about the property condition existing on Lots 1 and 2, Block 1, Welle's Country Acres. These parcels were under the control of David Anderson of Minneapolis and for the benefit of Mrs. Hoeschen, the clerk informed her that the city had sent him a certified letter on 9/17/02, informing him of both the nuisance and weed/grass regulations contained in the city code. Anderson had responded to this notice, the clerk went on to state, and had asked that an extension be granted to the city's time allowance in order for him to hire a contractor to do this work during the weekend following the original October 2nd deadline. Since the individual named to honor this time extension had apparently failed to live up to that commitment, members of the council discussed the use of Maintenance Worker Joel Dasher to conduct the cleanup and mow the grasses as needed. The complainant was informed that cities must follow some sort of due process in such cases, and a reasonable time for the named violator to respond to the city's citation must be granted, she was instructed. In concluding this matter, Thelen offered a motion to have the maintenance worker pick up the construction materials and store any usable goods within the garage of the new structure and mow the grass for both sites. Boelter seconded the motion and by a vote of 4 ayes and no nays (Bud Heidgerken absent), the motion was adopted.
Rich Romness of Bolton & Menk Engineering appeared to address several improvement project issues within the Industrial Park. He stated that the contractor, Kueckle Underground had not yet submitted a pay request for work done and he was then asked about the reminder sent to him on 10/07/02, advising him that both developers in the park had requested specific curb cut locations before the curb/gutter concrete was installed. He indicated that he would follow up with both parties before this work progressed too far. The clerk also provided a project cost summary of the expenses incurred for this and other related land acquisition. It revealed that $31,522 in engineering fees were expensed for the 7th St. SE and Industrial Park improvements while over $5,800 had been spent on legal fees associated with Middendorf land purchases, Franklin Sign easements and annexation costs. Due to the pending public hearing, other remaining issues with Romness were deferred until later on the agenda.
Public Hearing
At 8:05 P.M., the mayor called to order a duly notified hearing dealing with the rezoning of a certain area of recently annexed land all within Sections 3 and 10, T-125, R-34W and whether to include retail activity as a conditional use within a I1(Light Industrial) District. The clerk provided a copy of the published hearing notice as well as a map of the area currently zoned as "A", as is required by the city code. These lands were now being proposed to be zoned as "I1" but since this district would not allow for any retail activity, the city attorney had suggested inserting retail as a conditional use under city code section 500.33, Subd. 4(o). Clerk Heinen hinted that although the new zoning map would address all lands included in the earlier annexation, he was doubtful that the home site of the Middendorfs' was changed by this action as well as the new Lot 1, Block 1 of the initial plat and that the city attorney may have to correct this at a later day.
Following the close of the hearing at 8:20 P.M., the mayor requested that action on the proposed Ordinance No. 2002-10-8-3, an "ORDINANCE AMENDING THE FREEPORT CITY CODE OF 1995 BY FURTHER AMENDING SECTION 500" be considered at this time and Thelen promptly moves for its adoption, with a second made by Heidgerken. With all voting aye, the motion to adopt and publish the ordinance was approved.
Discussion with Romness resumed again on the Industrial Park issues and the first item considered was the recent verbal notice from the Stearns County Environmental Services that an inspection of the park revealed that no wetlands delineation report had yet been filed with that agency. Romness admitted that he thought this paperwork had been sent in by other Bolton & Menk personnel who had conducted the field work and had relayed this data to Sam DeLeo at SEH. The county also demanded to know what the disposition of a current dike and pond on Lot 1, Block 1, would be and if the planned road encroached upon a wetland. Romness agreed that he or his firm would be responsible for addressing these matters with Environmental Services.
After the council had agreed to eliminate a 100 foot easement on Lot 2, Block 2, at their 9/25/02 meeting, it also appeared that the city engineer had failed to relay this information to DeLeo and, as a result, the completed plat still contained this easement.
Communications from the city clerk on 9/27/02 to DeLeo reminded him to remove this easement after the Middendorfs' had requested that it be stricken and DeLeo in a response dated 10/01/02 put forth an argument to retain this easement. Members of the council reacted by stating that the easement in question must be removed and Romness agreed to relay these wishes to DeLeo so that an amended plat could be prepared again.
No action was taken on the provisions of the purchase agreement between the EDA and M&B Enterprise dealing with the contingencies contained on page 5, paragraph e, that identified a 15 acre tract subject to a right of first refusal and the easement to be dedicated by the Bestes' for future water and sewer extensions. It was pointed out, with the Bestes' present, that a 30 foot easement could be placed along the south border of Lot 1 since the zoning setback requirements contained a 40 foot setback in the front yard. As a result, this information would be passed on to the EDA Board for their special meeting tomorrow, in order for them to make a final recommendation to the council.
Old Business
After receiving a letter from the MPCA on 8/28/02 requesting the city to respond to the problem of the infiltration at the wastewater pond, a reply dated 9/27/02 and prepared by Maintenance Worker Joel Dasher, was introduced for all to study. By consent, the council agreed that the reply was consistent with the city's intent and future plans to address the corrections needed.
As a follow-up to an earlier injury claim by a juvenile participating in the summer recreation program, a letter from the city's adjusting firm directed to Sacred Heart Parish about their involvement in the use of land for such activities was made available to all.
Since the letter went on to seek data on the parish's insurance carrier, no action was required by the council.
The council was made aware of a fax received from the law firm representing H&H Contracting on 9/30/02, again requesting that the water tower repair work from earlier in the year be resolved. Because the business had not responded to the city's request for certain information, the members took no action at this time.
The clerk informed the council that a meeting set for October 22nd at 7:00 P.M. here at city hall had been confirmed by Attorney Robert Vose, for purposes of discussing the cable TV franchise renewal. The mayor requested that the clerk inform Renee Cron of Mel-TV to be present so that she could inform the group of any pertinent information on joint cooperative use of their system for Freeport users.
New Business
The status of the seasonal snow removal contract with Kemper Trucking was reviewed with a draft agreement prepared by staff placed in front of the members. This draft provided for a 3% increase in rates over last year's contract and after discussing the need to have the contractor file the proper insurance certificate, Thelen moved to enter into an agreement with Kemper Trucking for the 2002-03 year, in accordance with the fee schedule spelled out in the proposal. Humbert seconded the motion and all voted in favor of such action.
A composite of the city's insurance premiums for the policy year commencing 10/28/02 was produced by the clerk. It revealed that the pending charges for liability, fire & e/c and auto coverage would amount to $10,907, excluding workers compensation costs of $1,964 which were paid earlier in the year. A breakdown of the various coverage amounts prepared by local agent Fritz Hoeschen was also passed along to the members.
Following a motion by Heidgerken, s/Boelter, the city also agreed to waive the liability limits under the current LMCIT policy, when all voted in favor.
Resolution No. 2002-31, a "RESOLUTION APPOINTING THE GENERAL ELECTION JUDGES" for the upcoming event on November 5, 2002, was introduced with the names of Mary Ann Laing, Joyce Hoeschen, Mary Goebel, Veronica Finken, Dorothy VanHeel and Gail Osendorf named as the local judges. Thelen moved to approve the document with the present roster, s/Humbert, and by a vote of 5-0, the motion passed.
A list of current payables amounting to $22,273.85 was submitted by the clerk for review by the members. After clarifying several questions about the pending list, Heidgerken moved to approve the claims list, s/Boelter. On a voice vote, the motion carried without dissent.
The clerk was instructed to seek out estimates to make repairs to a north door of the senior center after the staff had requested that some improvement be made to the drafty conditions at this location. He indicated he would visit with a local contractor and obtain the necessary cost estimates.
The recent Chamber of Commerce meeting minutes of the 9/11/02 meeting were passed on the council for their study with no action required.
With no further business to come before the group, the meeting was declared adjourned at 9:50 P.M., by unanimous consent.
