Also in attendance were the following: Jim Schulz, Herman Lensing, Sgt. Joe Lichy, Jim Herdering, Sue Slupe, Carol Moorman, and Don Anderson.

Staff persons on hand were Paul Hetland, Mark Middendorf, 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 Discussion offered. Motion carried 4-0.

Minutes

Humbert moved and Goebel seconded a motion to approve the September 14 and 21, 2005 meeting minutes with minor corrections. Discussion offered. Motion carried 4-0.

New Business

Welle Plat 2 – Issue of Side Yard Set Backs, Kent Roessler, Freeport Properties, LLC

Worms reported on a discussion with Dan Marthaler, building inspector and Paul Hetland, zoning administrator regarding the request to change the side yard set back in the Welle Play 2 Phase 1 development. Marthaler stated to Worms and Hetland in a previously held meeting that he thought the sidewall setback was easier to manage when working with contractors. Hetland reported that in following through with other communities that the City of Albany and the City of Melrose both recently changed their city codes to measure a side yard set back from the foundation line. Humbert moved and Hennen seconded a motion to alter the Planned Unit Development Agreement in Phase 1 in the Welle Plat 2 with Freeport Properties, LLC to measure the side yard set backs from the further protruding sidewall to the lot line with overhang that does not exceed 2' in length past the sidewall. Discussion offered. Motion carried 4-0. Don Anderson was present to represent Freeport Properties, LLC. He thanked the City and had no further comment.

Millwood Metalworks – EDA Recommendation on business subsidy agreement

Worms and Hetland presented the EDA Recommendations made earlier that date which was to authorize the president and secretary to purchase the land and complete and sign the final business subsidy agreement.

Goebel moved Humbert seconded a motion to authorize the president/mayor and secretary/clerk to buy the 4.00 acre parcel of land (parcel id 54.32129.054) from the Middendorf Brothers Partnership. Discussion offered. Motion carried 4-0. Goebel moved and Hennen seconded a motion to authorize the president/mayor and secretary/clerk to sign the business subsidy agreement and other documents as necessary to complete the transaction. Discussion offered. Motion carried 4-0. Worms noted that it was Scott Hamak's estimate that the closing could occur before the end of October 2005, and more realistically before the end of the next week.

Stearns County Sheriff Report

Sgt. Joe Lichy reported the activities of the Stearns County Sheriff in the month of September. Lichy also reported that this would conclude the contracted services as previously approved. Worms reported that he had not heard any complaints that any citizen or property owner did not want the service. Hennen also reported that nothing negative has been reported to him. Goebel reported that the traffic had not slowed down on Main Street East. Lichy responded that their speed trailer could be placed on the east end of the City on County Road 157 to help deter speeding vehicles. Humbert moved and Hennen seconded a motion to continue the conversation for law enforcement services until the budget discussion in December for services beginning in 2006. Discussion offered. Motion carried 4-0.

Open Public Forum

No one addressed Council.

Consent Agenda

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

Which included the following: Claims in the amount of $42,876.61 and $5,760.93, Employee Payroll in the amount of $6,477.98 and Council Payroll in the amount of $3,005.00, and approval of Change Order No. 3 for the Main Street Project. Discussion offered. Motion carried 4-0.

It was questioned whether Joe Hennen had missed one more meeting. Hetland noted he would examine the attendance more closely as recorded in the approved minutes. Before the end of the meeting, Hetland noted that Joe Hennen had been paid for one more meeting than he attended. Hetland suggested that due to the effects of the payment on other claims relating to taxes, that the mistake be duly noted and the amount for a regular meeting be deducted from the 4th Quarter 2005 Council payment. Council unanimously concurred.

Report – Jim Schulz, SEH, City Engineer

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

Regarding Main Street, Schulz will get an update Xcel Energy regarding the remaining utility poles to be moved and removed.

On the trees and perennials to be planted in the downtown area, Schulz noted that the supply Tri-City Paving was using was substandard at this time of the year and will be planting the trees in the spring of 2006. The contractor is still working on the restoration of the sodding. He also noted that the Main Street Park shelter will be installed the second week in October.

He also reported that the street lights on the east side have been installed and are ready to energize. Lights on the west end will be installed shortly and minor positioning will continue to straighten fixtures.

Schulz stated that the concrete was poured on the east side of Co Rd 11 but there still needs to be attention given to the picnic area along the trail. Worms urged that the contractor pour concrete on the west end businesses as soon as possible. Schulz complied with the request and stated that he will inform the concrete crews to work on the businesses on the west end part of the project.

Hetland brought forward the point that electricity was not engineered into the plans for the flag pole are of the Main Street Park on the southerly part of the improvement. Humbert moved and Hennen seconded a motion that mayor and the clerk work on a proposal to install the lights with a budgetary limit in the amount of $2000. Discussion offered. Motion carried 4-0.

Worms asked about the progress of the Hiltner Company tank. Hetland informed the Mayor and Council that he had been in contact with the Department of Commerce's Petro Fund and they will be addressing the concern in the middle of October. Hetland requested that the Petro Fund personnel contact Hiltner Company first when scheduling a date to make the repair.

Report – Joel Dasher, Public Works Director

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

Dasher presented information regarding water tower overflow concerns. Dasher presented information from the meeting minutes from March 25, 2003 and January 28, 2004. Dasher stressed that a weir box with a six inch minimum exit opening to the proper calculated specifications was needed alternation as per the recommendations from Utility Services Company. Dasher mentioned that a clean out was scheduled for Friday and that he will be working with S E H and Utility Services Company regarding other recommendations. Hetland mentioned that overflows are inevitable for any water tower at some point in its history, and that design and engineering are critical in controlling the overflow events when they occur.

Dasher also mentioned that the slits at the top of the tank should be covered and a vent installed. He also noted that more information will be forthcoming at a future meeting

Dasher mentioned the issue of lower water quality near the vicinity of the water tower. Worms mentioned can the tower be cleaned twice a year. Middendorf mentioned cleaning the water tower out every three quarters instead of once per year. Dasher stated that he would take the idea under advisement and direction.

Dasher reported to the Council those properties with delinquent water and sewer bills for 90 days late.

Middendorf objected to Hetland's interpretation of the Cold Weather Rule that a municipality may shut off water in the winter months if the water relates to the household's heating system. Hetland researched the topic and found that the Cold Weather Rule is subject much debate and attorneys generally recommend not to shut off services between the dates of October 15 through April 15. However, the League of Minnesota Cities further noted that the City of St. Paul and other cities across the state turn off water services during that timeframe.

Report – Paul Hetland, City Clerk/Treasurer

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

Hetland reported that the accounting work through Joe Rigdon, Kern DeWenter and Viere is going well and progressing.

Hetland also updated the Council that the preliminary levy was properly forwarded to the County and that the County is unable to divide the bond levies into the amount of categories as forwarded to them. There will be one consolidated bond levy amount on the tax statement. There will be three lines: City general fund, bonds, and the EDA.

Hetland presented a request from the Stearns County Assessor regarding the attendance of at least one Council Member to the Local Board of Appeals training scheduled in the next couple months.

He also reported on pet registration. To the date of the meeting, there are 36 dogs and 4 cats registered.

Other Reports

New Maintenance Building

Worms presented information and a plan set regarding the renovations for the new city maintenance building. It was proposed that water and sewer be installed this fall and the rest of the renovations be completed in the spring and summer. Dasher suggested that the line accommodate concerns on the looping of water and creating a faster speed of water. Hennen suggested that CenterPoint Energy be contacted as soon as possible regarding the installation of a gas line to the building. Staff requested to get service to the building as soon as possible. Worms mentioned keeping the project under $50,000 for the bid.

Staff will work on scenarios for brining water service to the building and make a recommendation at a future meeting.

Worms proceeded to present the detailed suggestions for the renovation project. Among the suggestions were adding an overhead door, install all new doors, and secure a railing by the loading dock to comply with safety codes.

Humbert moved and Goebel seconded a motion to begin the process with local builders to get cost quotes for the suggested changes to the public works maintenance building. Discussion followed to include that the project work would be December 2005 through January 2006. Motion carried 3-0 with Tim Hennen abstaining.

Worms mentioned that he may not be in attendance at the October 12 regular meeting.

At 9:17 P.M. Hennen moved and Humbert seconded a motion to adjourn the meeting. Motion carried 4-0.