Also in attendance were the following: Carol Moorman, Jim Schulz, Herman Lensing, Rodney Atkinson, Fritz Hoeschen, Jennifer Blenker, Jason Hall, Ron Gruber, Sue Slupe, and Sgt. Joseph Lichy.

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 with additions and corrections. Discussion offered. Motion carried 5-0.

Minutes

Goebel moved and Joe Hennen seconded a motion to approve the August 24, 2005 meeting minutes with correction. Discussion offered. Motion carried 5-0.

HEARING: ClearWire Franchise Agreement

Worms opened the hearing at 7:31 P.M. Jason Hall, ClearWire representative was present and gave an overview of the goals of ClearWire offering a wireless internet service and the placement of an antenna on the water tower. He explained that both Melrose and Albany have sites, yet there is a spot in the Freeport area lacking proper service. Hall presented schematic drawings of the water and a digitally enhanced picture of the water tower with the proposed antenna superimposed on the southeast leg. The antenna would be an approximately 6' pipe on the leg along with a 2' wide microwave dish that would be painted and placed to blend in with the structure. He also noted that there would need to be a ground unit near the legs of the water tank. He also noted that the total weight of all the items would be approximately 30 pounds and that ClearWire would assume all responsibility in the agreement for the structural integrity of the water tower as it relates to the installation and maintenance of their property. A power meter would also be installed and paid by ClearWire. The electrical line would be underground and then come up by the leg of the water tower. The proposed equipment will be able to handle the anticipated subscribers in the area. Worms asked Rodney Atkinson, Telecommunications Commissioner regarding questions and concerns. Atkinson asked about the range of the signal Hall responded that range covered the anticipated service area with about a 3 mile distance north and south of the freeway. Ron Gruber asked about possible disruption during inclement weather. Hall explained that there should not be disruption in service except in severe rains. It was further noted that one could use a laptop personal computer in a vehicle interstate. Hall noted that on the proposed service agreement, the terms were largely acceptable and the franchise fee of $1000 per month. He did convey issues with some of the other fees and charges noted in the draft agreement and all present noted that the Atkinson and Hetland would work with ClearWire and through each party's respective attorney to reach an agreement. Joe Hennen moved and Tim Hennen seconded a motion to move forward with the completion of the franchise agreement. Discussion offered. Motion carried 5-0. It was noted that staff was to work with ClearWire to determine an exact location of the ground box. The hearing was closed by Worms at 8:02 P.M.

New Business

Open Public Forum

Ron Gruber noted that the speeding machine is slowing vehicles down along the north end of County Road 11. Gruber asked the Stearns County Deputy, Sgt. Joeseph Lichy, that if there are two vehicles together how does the machine react. Sgt. Lichy responded that the machine displays the speed of the fastest car.

Stearns County Sheriff Report - Sgt Joe Lichy

Sgt. Joe Lichy was present to deliver a report regarding the month of August's services from the Office of the Stearns County Sheriff. He noted that he also is the liaison officer for the cities of Holdingford and St. Augusta. He stated that the current contract with the City of Freeport is for approximately 3 hours per week. He presented a preliminary report and noted that the official report will be received in about a week, which would include all of August.

In the month of August, to date, he noted that there were 3 vehicle assists, two open doors, an off-road vehicle citation, one accident, one burglary in progress.

Lichy reported that their officers often times use laser speed detectors to avoid personal vehicle alarms that detect radar, but not the new technology. There was extensive discussion regarding when the contract time was used and when other time spent was on regular time. It was noted that all special requests were on the contract time; however, it was made clear to those present that at any time a deputy's car may be parked or idle that this time was not on a contract basis. More specifically, he noted that report writing would not be done on contract time.

It was clearly noted that the contracted services are for special needs a city may have such as patrolling on special events, creating a neighborhood watch group, or services that are generally "above and beyond" the scope of typical duties of the Stearns County Sheriff. Hetland mentioned an example when he requested service in 2004 and a deputy assisted him with no charge to the City. Lichy further noted that serving city ordinances would typically not be a contracted service, but can be. Hetland suggested that in light of the concerns raised about regular and contracted time that citizens and the Council alike should keep notes of when the Sheriff is present in the City and idly parked to compare these observations with the official report. Worms mentioned that many citizens don't understand the activities of law enforcement and Lichy offered that an open house with the Sheriff could be planned to allow for inspection of their vehicles and to answer questions.

The current contract of $500 per month expires at the end of September. On September 28, the regularly schedule City Council meeting, Lichy will delver the September report and Council will discuss the continuation of a contract.

Worms mentioned that comments thanking the City for the law enforcement service have outweighed the comments that have been negative. Discussion followed regarding the number of verbal reports necessary for the Council each month Joe Hennen stated that once a month is adequate.

Welle Plat 2 – Issue of Side Yard Set Backs

Hetland brought forward a request by Kent Roessler, Freeport Properties, LLC to amend the Planned Unit Development (PUD) to accommodate the measuring of set backs from the building walls to the property line rather than the current code which measures from the overhang. Hetland presented written information for review. Goebel moved and Humbert seconded a motion not to alter the PUD for Freeport Properties, LLC and that the set back is to be measured from the overhang to the property line. Discussion offered. Motion carried 5-0.

Main Street – Sidewalks for East Side of Project

Goebel brought forward a proposal for the consideration of extending sidewalks on the east end of Main Street to 7th Avenue NE for safety and aesthetic reasons. Humbert asked if there was enough room to add sidewalks in the proposed area. Schulz responded that there was enough room. Schulz commented that he would analyze the area and using the bid prices deliver a report to the Council at the next meeting. It was debated whether a Chapter 429 hearing was need to assess the property owners. Hetland and Schulz would research the topic and report back at the next meeting. Hetland noted that other sidewalks in the project were assessed at 33.33% to the property owners. Schulz also noted that the contract with Tri-City Paving would remain open until the following year.

Proposed Levy 2006

Hetland noted that the approved 2006 preliminary levy must be submitted into Stearns County Auditor-Treasurer's Office by or on September 15, 2005. Humbert moved and Tim Hennen seconded a motion to discuss and approve the 2006 preliminary levy at the September 14 regular meeting. Discussion offered. Motion carried 5-0.

Aerial Picture of the City

Hetland brought forward an offer by an independent company for an aerial photograph already taken of the City on September 22, 2003 to be used for land use purposes. Discussion followed and included the desire for such a picture, but after the Main Street improvements are completed and to investigate other companies.

Millwood Metalworks

Hetland brought forward a completed form for the proposed sale of land and the designation of public subsidies for Millwood Metalworks. The Mayor announced that a Special Meeting of the EDA will be held on Wednesday, September 7 at 12:00 P.M. at City Hall at which time a special meeting of the City Council may be called by the Mayor pending the recommendation of the EDA.

Consent Agenda

Goebel moved and Humbert seconded a motion to approve the consent agenda.

Which included the following:

  • Claims in the amount of $59,651.73 (Laing checks for were needed for closing on the morning of August 31 totaling $57,667.10 and a copy was distributed at the meeting) and $27.69
  • approval to hire two firefighters Randy Synstad and Wayne Revering as requested by Chief John Gilk
  • approval of a sign permit for Gary and Linda Pierskalla

Discussion offered. Motion carried 5-0.

Hearing: Water and Sewer Bill for Theotis Canada and Jennifer Blenker – Request to extend service

Worms opened hearing at 9:12 P.M. to discuss the overdue city utility bill for Jennifer Blenker and Theotis Canada. Blenker reported that she would pay $85 now and could make a payment on another $100 by Friday. The balance would be paid by September 15. An additional $30 would be due to pay the balance. Dasher provided a report detailing the account status and stated that the monthly invoice is approximately $60 per month. Blenker noted that Canada did recently get a new raise and job to assist in timely payments of bills. Worms stated that with the payments proposed by the property owner that he saw no reason to shut off the water. Humbert suggested getting the property on a bi-monthly payment plan. Joe Hennen conveyed appreciated to have Blenker present at the meeting and willingness to offer a payment schedule. Humbert moved Joe Hennen seconded a motion to approve the payment schedule as recommended. Discussion offered. Motion carried 5-0.

Report – Jim Schulz, SEH, City Engineer

Schulz gave a verbal report and written report which is on file for review.

Schulz presented a document with the project additions to date. Discussion followed regarding the additional 2 feet of common excavation by request of the county engineer, lowering of the water main, a credit on business signing missed in the project. He also stated that the storm sewer installation was expected to be completed by the end of the week.

Schulz reported that contaminated soil was encountered on the project of which the majority of it was under 10 parts per million. Under MPCA guidelines and state law, soil can be mixed with the contaminated soil and then can be used for general fill. S E H will continue to monitoring the material as it is pulled out, if any material exceeds 10 parts per million, then it will be mixed with clean material or hauled to a Buffalo site which takes the material. The added costs will be County costs. The State Petro Fund could potentially pay for up to 90% of the materials. Humbert made comments that there would be no costs for the City.

Joe Hennen noted the savings thus far on the project. A few of the cost savings noted were as follows: removal of the trees in the Main Street Park $900, removing of the shelter $5000, removal of the barbeque $500, omission of west side business signing of $1,186, and omission of temporary rock entrances for driveways in 8 locations at $4000. With a total savings of $11,586.

Schulz brought forward a request from Loretta Ostendorf for a redesigned ditch in front of her residence. Schulz explained that culvert generally remaining the same, but the request to fill the ditch and add a drainage catch basin could be fulfilled. He stated that the approximate cost would be $1500. He also responded that the change could be made at any time. Hetland and Schulz would be investigating whether a Chapter 429 hearing would be needed.

Schulz reported that the platting process for Industrial Park Plat 5 should begin shortly due to the beginning of the application process for a grant to complete Phase 2.

Report – Joel Dasher, Public Works Director

Dasher provided a verbal report and written report which is on file for review.

Dasher noted that the City, under state guidelines, may discharge treated waste water until December 15.

Dasher requested if street patching near the fire hall and near 2nd Street NE and 2nd Avenue NE. Council approved of the patching. Humbert reported that the fire hydrant by Bob Van Heel's residence has been leaking. Dasher noted that e hoped to solve the leak by flushing the hydrant. Worms asked about the follow through on 2nd Street N. He noted that the restoration work will be on Friday, September 9. It was noted that the City needs to repair by the Mills', Stanglers', and Hiltner's residences. Joe Hennen mentioned that the Freeport Softball and Recreation Club is investigating adding curbing to the softball area. Worms mentioned snow plowing the sidewalks and possibly looking at a hand snow blower purchase. Humbert offered to consult Danny Bueckers for snow plowing services when the snow is over 2 inches. More would be reported at a later meeting.

Report – Paul Hetland, City Clerk/Treasurer

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

Hetland was asked to contact the family members of August Schmidt before November 1 to encourage more progress on the clean up of property.

Employee Review: Ann Beard, Administrative Assistant

Humbert moved and Tim Hennen seconded a motion to enter into executive session for the annual review of Ann Beard, Administrative Assistant at 10:21 P.M. Joe Hennen moved and Humbert seconded a motion to close executive session at 10:44 P.M. and reoported that Ann Beard was in good standing with the City and approved a raise from $8.50 per hour to $9.00 per hour.

At 10:44 P.M. Humbert moved and Tim Hennen seconded a motion to adjourn the meeting. Motion carried 5-0.