Also in attendance were the following: Eric Eveslage, Jim Schulz, Herman Lensing, Jim Notch, Heidi Notch, Rodney Atkinson, and Leroy Hoeschen.
Staff persons on hand were Paul Hetland and Joel Dasher.
The Pledge of Allegiance was said by those in attendance.
Agenda
Goebel moved and Humbert seconded a motion approving the meeting agenda with additions and corrections. Discussion offered. Motion carried 5-0.
Minutes
Joe Hennen moved and Goebel seconded a motion to approve the July 27, 2005 meeting minutes with corrections. Discussion offered. Motion carried 5-0.
HEARING – Heidi Notch Request for Conditional Use Permit
Worms opened the conditional use permit (CUP) hearing at 7:33 P.M. Hetland gave an overview of the process and that proper notice was given in the official newspaper and to the surrounding property owners. Heidi Notch noted that according to state licensing requirements, 30 square feet of property space per child is needed to operate a child care facility. She also noted that the toys would be placed in the storage shed when not in use each evening. She stated that the licensing entity may require fencing and she would most likely be adding fencing on the property. She noted that they would be installing four egress windows in basement area and be making a few minor improvements inside the house. She also informed the Council that the State Fire Marshall would need to inspect the facility before a license could be issued. Hetland recommended to Council as a condition of the CUP that the City be notified of when the fire marshal would be in Freeport to investigate two properties in possible violation of state fire codes. Notch expressed that the name of the business will be "Heart to Heart Child Care." Hetland also noted that the City Council has the authority to remove the CUP. Notch noted that the business will be open approximately 6:30 A.M. to 5:30 P.M. A sign will be erected in front of the residence in conformance with signs in a residential area. Discussion also included the possibility of a lapse in business operation. The CUP would only be valid when the business is licensed. Joe Hennen moved and Humbert seconded a motion to approve the conditional use permit for a child care facility for Heidi Notch for 209 2nd Ave NW with the aforementioned conditions applied. Discussion offered. Motion carried 5-0. Worms closed the hearing at 7:47 P.M.
V. New Business
ClearWire Agreement – Cancelled for 31st
Hetland reported that the anticipated presentation by a ClearWire representative was cancelled due to a family obligation but request to hold the hearing at the next regularly scheduled meeting. Humbert moved and Goebel seconded a motion to hold a hearing for the proposed ClearWire franchise agreement and to place an antenna on the water tower for August 31, 2005 at 7:30 P.M. or as soon after as it can be heard. Discussion offered. Motion carried 5-0.
Open Public Forum
Rodney Atkinson raised concerns with the newly adopted contract with the Stearns County Sheriff's Office. Worms gave clarification the amount is $500 for the months of August and September with reporting to Council at the end of each month. Atkinson noted that monies in the area of law enforcement produced reactive and not proactive law enforcement services in the City. He also noted that the discussion should be a part of the budget forming process and not initiated without budget authority. Worms noted that he and Hetland were present at a recent fire fighter meeting and received praise on the actions by Council to increase law enforcement activities as a response to the immediate public safety needs expressed by many citizens in the last several months and due to recent reported violations. Council did note that the actions of the sheriff's department will be strictly monitored. Atkinson further noted that he was not in opposition to increasing public safety, but he wanted more accountability than seen in past efforts working with a difference County Sheriff and his staff. Council appreciated the comments.
No further items were discussed in open public forum.
Main Street Lighting addition proposal – south side of parking lot
Hetland presented a additional lighting plan for the south side of the Main Street Parking lot as proposed by Jim Hemker and Hetland to provide greater lighting on that section of the parking lot. Four additional lights would be added at a cost of approximately $6737.50 per pole totally $26,950.00 to be donated by Freeport State Bank. Joe Hennen moved and Goebel seconded a motion to approve of the lighting addition. Discussion offered. Motion carried 5-0.
Minnesota State Fair
Worms brought forward a request for a donation to assist efforts at the Minnesota State Fair. Discussion followed. No action was taken.
3.2 Non-intoxicating Malt Beverage License Request
Joe Hennen made a request for a 3.2 non-intoxicating liquor license. Goebel moved and Tim Hennen seconded a motion to approve of a 3.2 non-intoxicating malt beverage license for the Freeport Softball and Recreation Club at the Freeport Softball Park for September 17, 2005. Discussion offered. Motion carried 5-0.
Zoning Permit Approval – Sign Permit
Hetland presented the completed application for a zoning permit for a lighted price sign for the Smiley Gas Mart. Hetland noted that the sign was incompliance with city codes. Malm sign. Humbert moved and Tim Hennen seconded a motion to approve the permit if the $20 zoning permit fee was paid by Friday, August 19, 2005 after which time the sign would be removed. Discussion followed and included a note made by Jim Schulz, City Engineer that the entire sign is located in the right-of-way. Motion carried 5-0.
Interest in Land Swap
Hetland brought forward a verbal request from Bill Meyer, attorney for Famo Feeds, regarding the interest of exchanging land from the downtown location (on approximately one acre and including the old office building) for land in the Freeport Industrial Park for an unspecified size. Discussion followed and Hetland further noted that Famo Feeds simply wanted to gain an understanding if the discussion should continue between the City and their company or not. Joe Hennen moved and Humbert seconded a motion to reject the offer at this time and to convey appreciation for the offer. Discussion included comments that the Famo Feeds transaction of their one acre parcel and office building should be a private one. Motion carried 5-0.
Resolution 2005-024 – Grant for Industrial Park Funding
Hetland and Schulz presented a proposal for a grant to fund improvements in the Freeport Industrial Park. Schulz noted that to complete services in the entire Industrial Park would cost approximately $1.8 million. He understood the grant would be a matching grant and we would be eligible for about $1.3 million of the project and could receive approximately $650,000. He did highly stress that the chances of receiving the funding would be minimal. The grant stipulates that the construction must begin this year. Streets would not be eligible for funding only the underground utilities. Humbert moved and Tim Hennen seconded a motion to approve Resolution 2005-024 with the condition that work can begin in 2005 and not have to be completed and that if the grant were awarded the total amount could be reduced by the City's choice. Discussion offered. Motion carried 5-0.
Old Business
2nd Street – proposed work
Hetland reported that the purchase order was sent to A-1 Conrete Leveling for the restoration work on 2nd Street.
Consent Agenda
Joe Hennen moved and Tim Hennen seconded a motion to approve the consent agenda.
Which included the following: Claims in the amount of $11,636.37 (Pierskalla check for $3379.18 was needed for closing)and $281,671.29 (Includes Pay App No 2 – Tri-City Paving), Main Street Payment Application No. 2, and approval to hire two more firefighers as requested by Chief Gilk. Discussion offered. Motion carried 5-0.
Report – Jim Schulz, SEH, City Engineer
Schulz gave a verbal report.
On the Main Street Project, Krammer Excavating is estimating 15 working days and another 10 days beyond that to complete the project totaling 25 working days for completion. (Date estimated to be by about September 16, 2005.) He also noted that the Phasing was revised to expedite the completion of the project and to enhance the phasing of the project. He noted that the intersection of Main Street and Co Rd 11 should be open by the weekend. Sand and gravel are in place between 1st Avenue N and 2nd Ave NE. He reported that the water line has been installed in the downtown area east of 1st Avenue N. The lines are not active, but pressure and bacteria testing is expected in the following next. Sidewalks and driveways on the portions of the east will be worked on in the following week. Driveway access will follow after three days the curb is laid. It was noted and agreed by Council that where a building or specific current use is clear driveway accesses are to be made in the curbing. Questions concluded regarding the project budget and Schulz noted that the project was in line with the budget.
Hetland noted that the park space of 1.4 acres dedicated in the Welle Acres Plat 2 is property of the City and has been such since the plat was recorded. Hetland has notified Fritz Hoeschen, Commercial Exchange Corporation that the area should be added to the City's insurance policies. Dasher and Hetland reviewed the area for maintenance concerns and the City will begin work on it as soon as possible. Hetland requested Schulz to contact Pilot Land Company regarding the maintenance of the grass and weeds in the approximately 28 acres of residential land.
Joe Hennen left the meeting at 8:58 P.M.
Report – Joel Dasher, Public Works Director
Dasher provided a verbal report and written report which is on file for review.
Regarding the City maintenance shed, Dasher noted that he was working to install shelving. Worms and Tim Hennen noted that there were sources to purchase the shelving that would be durable and cost-effective. Hetland noted that he was working with City Attorney Scott Dymoke and with Fritz and Shirely Laing to schedule a closing on the Laing shed by the end of the month.
Report – Paul Hetland, City Clerk/Treasurer
Hetland provided a written and verbal report which is on file for review.
Humbert moved and Goebel seconded a motion to approve of a special meeting on August 24, 2005 at 7:30 P.M. at the Freeport City Hall for review and approval of the 2004 audit per our city independent auditor's (KDV's) request and at a cost applied to KDV. Discussion offered. Hetland noted that the Office of the State Auditor (OSA) had called and requested a timeline of submission of the audit and he stated that it will still be submitted by August 31. The OSA also stated that the City of Freeport is not currently or expected to be on a warning list. He also presented e-mail messages from KDV asking for more information dated August 10 and a discussion followed regarding the lateness of requests. Motion carried 4-0.
Hetland noted that due to the confusing nature of the Industrial Park Bond schedule, and overpayment was applied to the bond in 2005. He requested approval for an additional payment, the overpayment to be applied on the principle of the Industrial Park Improvement Bond in the amount of $8062.50. Goebel moved and Humbert seconded a motion to approve of the city clerk/treasurer to apply the overpayment made on the Industrial Park Bond to the principle amount remaining on the bond. Discussion offered. Motion carried 4-0.
Council noted that there were many positive comments that the street progress is going well regarding quality and the speed of the project.
At 9:55 P.M. Humbert moved and Tim Hennen seconded a motion to adjourn the meeting. Motion carried 4-0.
