Also in attendance were the following: Herman Lensing, Mary Goebel, John Gilk, Kent Roessler, Don Anderson, Scott Hamak, Jerry Meyer, Dave and Sue Raden, Jennifer Theines, Jim Hemker, Dean Jungles, Judy Glass, Jim Schulz, Gary Pierskalla, Steve Notch, and Al Beste.

Staff persons on hand were Paul Hetland,

The Pledge of Allegiance was said by those in attendance.

Fire Chief's Report

John Gilk, Fire Chief reported that Dean Jungles and Noah Van Beck are recommended to join the Freeport Area Fire Service and that other two other candidates will be on hold until October. Goebel moved and Humbert seconded a motion to hire Dean Jungles and Noah Van Beck and hold two positions until October. Discussion offered. Motion carried.

Claims

Humbert moved and Worms seconded a motion approving the claims as presented in the amount of $5,464.72. Discussion offered. Motion carried.

Worms moved and Goebel seconded a motion to approve Resolution 2005-005 Appointing Election Judges for Primary Election Within the City of Freeport. Discussion offered. Motion carried.

Worms moved and Goebel seconded a motion to approve Resolution 2005-006 Establishing Precincts and Polling Place Within the City of Freeport. Discussion offered. Motion carried.

Welle Estates Plat Two

Scott Hamak, attorney addressed the Council and those present regarding the steps necessary for progression with the proposed development:

  1. Planned Unit Development (PUD)- To accommodate the proposal and newly adopted subdivision ordinance, there would need a change in ordinance 500.55 - He provided an overview of the proposed city code change. It was noted that it is recommended that only during unusual and special circumstances should a PUD be used. At 7:53 PM public hearing was opened on changing the city code. Discussion included the point that a PUD is a tool to use, but shouldn't become the norm. It was mentioned that an application fee for PUD should be considered. Some cities charge $250, some $500. It was also noted that it is a moveable document that can be changed should a future need arise. Worms moved and Humbert seconded a motion to approve of the changes outlined in Scott Hamak's information regarding Section 500.55. Discussion offered. Motion carried. Summary publication motion, sent to me from Scott. Humbert moved and Goebel seconded a motion to pass the summary motion to be published. Discussion offered. Motion carried. Thelen moved and Worms seconded a motion to close the hearing at 7:58 PM. Motion carried.
  2. Rezoning hearing - Ordinance No 2004-02 - R-1 single family - At 8:00PM the hearing was opened. Floor opened for questions from to Kent Roessler. Hamak noted that the area is zoned R-1 requesting then a conditional use permit to for the project. Humbert moved and Worms seconded motion to approve Ordinance No. 2004-02. Discussion offered. Motion carried. Thelen moved and Goebel seconded to close the hearing at 8:05 PM. Motion carried.
  3. Conditional use permit - Resolution 2004-007 - Discussion and review of the conditional use permit. Hamak encouraged discussion on the resolution. Thelen moved to open public hearing 8:10 PM. The permit changes the current ordinance to 25' setback, lot width, area (current 15,000 sq/ft), right-of-way, sidewalks 6 feet. Lot area, width, and setbacks are the major items changed. It was noted that under section 2E, regarding sidewalks that "sidewalks shall not be required." All other ordinances apply here unless otherwise noted. Attach preliminary plat contingent for the preliminary plat is a separate consideration. The dimensions are 33' inside of road, they propose a 32' if add curb, then have B-B then have 37' wide street section, end up with 32' feet of pavement. Asked Council asked 32 blacktop, 37 B-B - Insert language "37 B-B. No less than 32' feet of blacktop." Hennen moved and Hubert seconded motion to approve of Resolution 2004-007 with changes discussed. Further discussion offered. Motion carried. At 8:20 PM Thelen moved and Goebel seconded a motion to close the public hearing. Motion carried.
  4. Consideration of the preliminary plat itself - Schulz commented and displayed the plat maps and the phasing map. Overview was then provided. Streets lines in phases, water and sewer extended where it can be, storm sewer constructed on initial phase. When 75% of the lots are sold, then the project will move into Phase 2. When 75% of the lots in Phase 2 are sold, then the final phase begins. It is anticipated that the project will take about six years for entire project. Street grades maintained for curbed and gutter. Roessler noted that the phases are accelerated on buying. Thelen moved to open the public hearing at 8:29 PM. It was noted that there will be 25 lots in Phase 1. Phases started and stopped in places that would give good variety to lot sizes. Roessler noted that when the first phase is completed, there would be more information collected on the sale of larger lots. However, when asked, Roessler pointed out that nothing would be guaranteed to happen on lot sizes. Not a chance of smaller, but may increase. Hamak noted that if lot sizes where increased, the City would need to go through another plat process. Steve Notch noted the point to match up lots between the new and old developments; it was pointed out that this concern was discussed at many meetings. It was also noted that Roessler started with 60' and 75' on all pieces, thus he has made concessions. Worms had a question regarding the necessity for a lift station on Phase 3 would fall on the road right-of-way. Schulz stated that it would fit in right-of-way.

Hamak noted that to approve the preliminary plat, there are a number of conditions. They were discussed as follows (items in bold were of the most importance):

  1. Subject to developer agreement issues
  2. Review by County surveyor
  3. County Road 11 necessary for county engineer to review, approval, and comment on plat (Schulz discussed with County, ok)
  4. Subject to annexation finalized at state level.
  5. Erosion control plan. Kent - silt fence and rock entrance, rock entrance only entrance to lot. Makes a big difference.
  6. Park dedication. 74 lots, 1.4 acres. Contribute another $4500 in park fees.
  7. $700 per water and sewer charge. Connection paid at time of building permit. Wouldn't issue a building permit until fee paid by the buyer. Anything over an acre pay permit.
  8. Responsibility to clean up the area - Kent disagree with the point that the developer responsible, he felt it should be the builders after the road is complete. It was generally felt that both the developer and builder should be responsible for the conditions in and around the development. It was mentioned that Certificate of Occupancy or building permits could be withheld, but it was doubtful if these were viable legal options seeing that cleanliness was not a stipulation of either document's approval.
  9. Right to farm disclosure. Definitely have agreement. Length of building time for building.

Worms moved and Humbert seconded a motion for approval of the preliminary plat for Welle's Estates Plat Two subject to meeting 4 bolded contingences laid out above. Discussion followed. It was noted by Council that park land was dedicated. Motion carried.

Worms moved and Thelen seconded to close public hearing at 9:19 PM. Motion carried.

Kent Roessler brought forward a few concerns. Regarding fees paid, he would like a quantifiable number.

Other business - Industrial Park

  1. Regarding the use of mini-storage lockers, the Council did not think that they should be located there.
  2. Gary Pierskalla's proposed business building was brought forward and Council conveyed its continued interest in the business.
  3. Platting and design of the Industrial Park will be a part of the next regularly scheduled EDA meeting.
  4. Hetland mentioned the continued interest in wetland area for a local business in outdoor sales.
  5. Hetland brought forward an inquiry on changing the City's billboard policy to add one more and Council denied the request.

USDA Bond refinancing was discussed from information forwarded from Miller Johnson Steichen Kinnard. No action was taken.

Regarding Steve Notch's building proposal, Jim Schulz needs to shoot elevations and to measure the manholes. Notch and Schulz were going to leave the meeting to measure the street.

At 9:31 PM Council recessed. At 9:35 PM Council reconvened.

Audit 2003

Jennifer Theines, from KDV presented the 2003 audited financial statements for the City.

Theines gave an overview of the audit and management letter. Council stated its desire to further review the documents at a future meeting. She mentioned that the USDA refinancing should be considered within its own fund. However, the City should also continue to consider other plans and financial needs. She brought to the Council's attention that the accounting system, CTAS, is in OSA format which is a good system. It can report on a cash basis, and that it is highly advised to be reporting on a cash basis system. With such a system, the audit would be cheaper and easier to understand, and that the City wouldn't have to be burdened by the majority of the GASB 34 accounting standards. She recommended to move from an accrual system to a cash basis format.

Steve Notch concern

Schulz and Notch reported that the lot had a flat grade, that manhole to manhole was less than minimum grade. To reroute it, the grade would become flatter yet. Further consideration would be made. No action was taken.

Main Street Project

Schulz brought forward his revised proposal. Page 11 was funding allocation similar to the numbers presented at the August 4, 2004 meeting. 21% of the project assessing the cost. 20% is the referendum cost. 20% cost of City of project. 3rd Street NE assessed 25% of the cost as a proposed assessment. Further discussion took place regarding the amount of the assessments to each property, parking lot, and sidewalks. Schulz mentioned that formulas can be made to assess, but it often comes down to the benefit being assessed to the property owner. Took out decorative sidewalk, trailhead parking, and street lights. Schulz stated that he will be finding out from the County Engineer who pays for County Road 11 as it runs through the City and how much the cost will be. It was directed to the city engineer to take out the amenities in the landscaping and replace it with a budget of $50,000 for replant trees. Hetland conveyed Tom Dumont concerns on concrete intersection. Goebel brought forward crossing light.

8th Street SE Project

815 feet project length. Hetland reported that the letter did not go out to all of the property owners. A new meeting needs to be set. About $1100 cost. Special discussion on policies and assessments suggested. Thelen moved and Goebel seconded a notice for 7:30 PM on 8th Street SE. Discussion offered. Motion carried.

Approval of the Minutes

Goebel moved and Humbert seconded a motion to approve the meeting minutes for the July 14, 2004 meetings. Discussion offered. Motion carried.

Report - Paul Hetland, City Clerk/Treasurer

Hetland provided a written report which is on file for review.

Executive Session of Hiring an Administrative Assistant

Hennen moved and Goebel seconded a motion to approve the position description as presented by Hetland. Discussion was offered. Motion carried.

At 12:16 A.M. Thursday, August 12, 2004 Thelen moved and Goebel seconded a motion to adjourn the executive session and the meeting. Motion carried.