Also in attendance were the following: Herman Lensing, Fritz and Shirley Laing, Ron Seymour, Jim Schulz, Scott Hamak, Sue Raden, Al Beste, and Jerry Meyer.

Staff persons on hand were Paul Hetland and Joel Dasher.

The Pledge of Allegiance was said by those in attendance.

Agenda

Humbert moved and Goebel seconded a motion approving the meeting agenda. Discussion offered. Motion carried.

Variance Hearing: Fritz and Shirley Laing 110 4th Street NW

Worms moved and Goebel seconded a motion to open variance hearing for Laings at 7:32 P.M. Hetland gave an overview of the variance. The request included going to 5 feet of the easterly and north-easterly lot lines to erect an accessory use building. Goebel moved and Humbert seconded a motion to approve the variance. Discussion offered. Motion carried. Goebel moved and Hennen seconded a motion to close the hearing at 7:55 P.M. Motion carried.

Meeting Minutes

Hennen moved and Humbert seconded a motion to approve the August 4, 25, and September 8, 2004 meeting minutes with the minor corrections as noted. Discussion offered. Motion carried.

Hearing JOBZ: Business Subsidy Policy

Worms moved and Goebel seconded a motion to open the hearing at 7:35 P.M. Motion carried. Scott Hamak gave an overview of the proposed JOBZ business subsidy policy only, which did not include tax increment financing and tax abatement. Worms has a question about business desertion. Hamak stated that he was unsure because the situation hasn't happened yet, and that state statute contains no securities for paying taxes in the past. City doesn't have a liability regarding state concerns. Would the financial institution takes it over, then they would inherit the risk. City is an agent for the state. Hetland stated that the policy was recommended to pass with the corrections. Humbert moved and Goebel seconded to approve Resolution 2004-10 JOBZ Business Subsidy Policy and Criteria. Discussion offered. Motion carried. Worms moved and Goebel seconded a motion to close the hearing at 8:05 P.M. Motion carried.

Hearing JOBZ: Business Subsidy Agreement

Worms moved and Humbert seconded a motion to open the hearing at 8:06 P.M. Motion carried. Hetland gave overview that subsidy cannot be passed without passage of purchase/development agreement. Hamak confirmed this point. In was agreed upon that the public hearing should be continued. Worms moved and Humbert seconded a motion to have a hearing on October 13, 2004 during an EDA special meeting and that evening at the regularly scheduled Council meeting.

City Hall Alley discussion

Hamak's understanding is that "statutory dedication" establishes a public roadway if it is maintained as such by a governmental entity for a period of six years. The other method a roadway can be newly established is through common law, that is when law is created by a judge, akin to adverse possession. Hamak recommended that a notice, pursuant to statute, be given to everyone, only legally establish through a court. There were questions regarding property lines and taxation. He noted that a road would show up on a title search. Hetland suggested a public hearing be set at some point to get consensus on public roadway. Hamak stated that the City doesn't legally need a public hearing, but he thought it was a good idea. Schulz stated that there is a blanket easement on the sewer. Utilities in the alley, especially natural gas lines were also discussed. After discussion on how to define the alley, Hennen suggested to use where the road is paved. Discussion followed on placing preliminary lines in the alley. Hetland was instructed to send a letter describing the lines and a pending public meeting.

Hearing for Small Cities Development Program Grant

Humbert moved and Goebel seconded a motion to open the hearings at 8:38 PM. Motion carried. Ron Seymour, SEH Community Development Manager gave an overview of the Small Cities Development Program (SCDP) program. He provided specifics on the program proposed for Freeport in an overhead presentation and in documents. . Seymour was asked questions regarding our application's strengths and weaknesses. A noted strength was that for our first submission we are asking for a smaller amount than the full amount as he has seen loss in similar cities. A weakness in our application is that the City doesn't have an active design group; although, the clerk noted that the City has an active economic development authority and that the downtown public improvement project has held over 45 planning meetings since last October. Another notable point is that Freeport looks stronger because we have never received small cities funds. Ron thought that Freeport has a good chance receiving the grant for next year. Seymour has been involved in approximately 30-40 of these applications. Humbert moved and Goebel seconded a motion to approve Resolution 2004-011 Small Cities Development Program and Resolution 2004-008 identifying slum and blight. Discussion offered. Motion carried. Goebel moved and Worms seconded a motion to close the hearing at 9:15 P.M. Discussion offered. Motion carried.

Consent Agenda

Humbert moved and Goebel seconded a motion to approve with updates. Discussion offered. Motion carried.

Report - Joel Dasher, Maintenance Worker

Dasher provided a written report which is on file for review. He stated that he had attended a League of Minnesota Cities training session on safety policy. A follow up meeting will be held January with options of the League paying for some of the training. Freeport does not currently have a written policy on safety. Council recommend drafting a policy for their review as soon as possible.

Goebel moved and Humbert seconded a motion to purchase the 1988 Ford snow plow from Boyer Trucks. Discussion offered. Hetland presented information regarding snow contracts in the last fours years. Motion carried.

Report - Jim Schulz, SEH, City Engineer

Schulz provided a written outline report which is on file for review.

Industrial Park Lighting Proposal

Schulz gave an overview of the two proposals. Bid to Allum-A-Nation for $25,980 for the six poles for 7th Street SW and Industrial Park Drive, coming to $4330 per pole. Hennen brought forward suggestion to eliminate one of the lights and conveyed his thoughts that the City is spending a great deal of money in the City lately. Hennen moved and Humbert seconded a motion to award the project to Allum-a-Nation and proceed with six lights after investigating whether the 7th Street light of Xcel Energy is needed. Discussion offered. Motion carried.

Main Street Public Improvement Project

Schulz stated that County information not available on funding. Mention of county engineer 5-year meeting on October 5 at 7:00 PM at the Stearns County Highway Department's Waite Park building.

Wetland mitigation

Schulz gave overview and history of the wetland bank proposal as it pertains to the location of the old waste water ponds due east of the current ponds. An application made in 1988 and a letter from the U.S. Army Corps of Engineers didn't give an explanation on the reason for rejection. Schulz recommended that the U.S. Army Corps of Engineers should re-review the land and make a determination on the wetland. Council concurred.

Platting of the Industrial Park

An overview was delivered by Schulz and Hetland regarding the need of plot definition and storm water flow in the Industrial Park. Hetland recommended to Council that it should be a task for the EDA and be discussed at the upcoming meeting. Council concurred.

7th Street SW

Hetland brought forward a concern by citizens that the street needs more gravel. Worms moved and Goebel seconded a motion to approve of contacting Herdering to apply 3" of Class 5 to 7th Street SW. Discussion offered. Motion carried.

Report - Paul Hetland, City Clerk/Treasurer

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

Nuisance ordinance

The proposed update was distributed by Hetland. Discussion followed. Council directed Hetland to draft a letter to Beutz' Radiator Service on the costs incurred to the City of Freeport regarding his property, including, but not limited to the following: reduction of taxes to neighboring residents, legal costs, minutes reference cleaning up property, and tax dollars being spent on staff time.

At 11:17 P.M., Hubert moved and Goebel seconded a motion to adjourn the meeting. Motion carried.