Also in attendance were the following: Bob Pottratz; Jim Beutz; Norb Renneker; Frank Rauschot, Jr.; Jim Schulz; Herman Lensing; John Gilk; Mark Middendorf; Justin Overman; Dale Overman; Joan Overman; and Carol Moorman.

Staff persons on hand were Paul Hetland and Joel Dasher.

The Pledge of Allegiance was said by those in attendance.

Agenda

Goebel moved and Joe Hennen seconded a motion approving the meeting agenda. Discussion offered. Motion carried 4-0.

Approval of the Minutes

Goebel moved and Humbert seconded a motion approving the meeting minutes with minor corrections noted for August 9, 2006. Discussion offered. Motion carried 4-0.

New Business

Bob Pottratz, City Prosecuting Attorney – Review of Status of Beutz Radiator Service

Pottratz noted that a notice of abatement was served in early July and that the property owner was allowed 60 days to clean up the property or raise all of the material 12' off the ground and place a fence around the property as to not see the material behind it. He noted that to date, nothing had been done. The deadline for the abatement was Friday, September 1. He noted that if no action was taken by the owner by that day, he would instruct the Stearns County Sheriff's office to investigate the property and report for prosecution on the matter.

Frank Rauschnot, Jr. was present to ask for an extension as he wishes to purchase the building and property located at 515 Main Street E, the location of Beutz radiator Service. Council and legal counsel felt that the extension was not germane to the situation and noted that there is nothing preventing Mr. Rauschnot from purchasing the property. There was considerable inquiries made by Mr. Rauschnot that were not germane to the situation nor offered any solutions to the current nuisance situation. Mr. Rauschnot was informed of the City's multiple attempts to bring a reasonable solution to the situation of which he was not aware of from his discussions with Mr. Beutz. Mr. Jim Beutz was present and made no remarks or requests.

Goebel moved and Tim Hennen seconded a motion to authorize the city prosecuting attorney to continue enforcing the nuisance ordinance and to prosecute the matter if necessary if the nuisance is not abated by September 1. Discussion included a question from Joe Hennen regarding if future discussions on the matter would be in closed session and Pottratz acknowledged that they would be due to the City's involvement in pending litigation per state statute. Goebel requested a roll call vote. Humbert called the vote and the Council voted as follows: Joe Hennen – yes, Ken Goebel – yes, Dave Humbert – yes, and Tim Hennen – yes. Motion carried 4-0.

Authorization for the City Building Inspector to begin a Condemnation Investigation regarding the garage owned by Marvin Finken located at 123 2nd Street NE

Hetland presented a letter to Council sent to Mr. Marvin Finken regarding a dilapidated garage and the City's concern for safety and property appearance. Hetland was asked if Mr. Finken was invited to the meeting and he state that Mr. Finken was invited to the meeting through the letter. Mark Middendorf also mentioned that there were a number of trees in the City that needed to be trimmed, including one on Mr. Finken's property. Hetland requested that Middendorf draft a list of problem trees and forward that list to his attention. Joe Hennen moved and Tim Hennen seconded a motion authorizing the city building inspector to conduct an investigation on the garage to determine if it should be condemned. Discussion offered. Motion carried 4-0.

Request for more gravel on 7th Street NE

Hetland brought forwarded a verbal request from Duane Pung for more gravel on 7th Street NE. Joel Dasher noted that he recently contacted Herdering, Inc. and was quoted $1600 for 2" of gravel on the road. Mark Middendorf noted that the work should be done in the spring so it isn't removed by snow plowing and has the next summer to compact.

Lange Trenching Authorize Termination of Letter of Credit

Schulz commented that the project was completed. He recommended that City Council pass a motion releasing the Letter of Credit #56625 from Avon State Bank in the amount of $10,011.30. Joe Hennen moved and Goebel seconded a motion approving the recommendation. Discussion offered. Motion carried 4-0.

Old Business

Maintenance Building Status Report

Dasher mentioned that the water and sewer lines have been installed and Tim Hennen asked when lawns will be restored. Council noted that grass, seed, and black dirt are needed tom restore the area. Middendorf mentioned that that an air compressor is needed in the new maintenance building. Joe Hennen moved and Humbert seconded a motion to approve the purchase of an air compressor not to exceed $200. Discussion offered. Motion carried 3-0 Tim Hennen abstained.

Justin Overman – Boy Scout Eagle Project Request for Authorization to Proceed with City Welcome Sign Project

Justin Overman, with the Albany Boy Scouts gave a presentation on entrance signs in Freeport. He sought permission to move forward on the proposal to then be granted permission from his Scout leadership and then bring the design and location ideas to future Council meetings. Humbert moved and Goebel seconded a motion to permit Justin Overman to continue with his project. Discussion offered. Motion carried 4-0. He noted that he will come back in about a month.

Scott Dymoke Proposal – Legal services per meeting with a one-hour charge ($95)

Goebel moved and Humbert seconded a motion to table the matter to the next meeting. Motion carried 4-0.

Water Tower Update

Dasher gave a report on a recent staff meeting with an SEH water expert regarding the water system. Hetland and Dasher both noted that the Industrial Park needs the greatest amount for pressure and flow which is lacking with a tower not centrally located in the water system. The two water tower sites that would be feasible would be to the east of the Welle Country Acres and in the Industrial Park near the wetland. It was mentioned that upsizing the wells and pumps could provide more pressure in the system, but of course not capacity.

Reports

City Engineer's Report, Jim Schulz, SEH

Industrial Park

Schulz reported that the September 1 Industrial Park Project deadline with Whirlwind was met to bring them water, waste water, and a paved Whirlwind Drive. To assist with this deadline Schulz and Hetland publicly thanked Joel Dasher for his assistance. Schulz also reported that the wetland mitigation for the Industrial Park and other locations in the proposal were officially approved.

Hetland also mentioned a Sacred Heart Parish wetland issue and requested City permission to continue working with the property owner. By accepting the contaminated road fill from the Main Street Project, it is estimated that thousands of dollars were saved and as a result, the City is justified in assisting in bringing about a swift resolution to the cease and desist order on the property north of the cemetery and determining the wetlands impacted if any. Schulz also noted that the other entities in the agreement agreed to mitigate their wetlands at $.32 a square foot. For those private entities, there is no extra cost to the City.

Public Works Director, Joel Dasher

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

He also brought forward a proposal to repair the drain pipe on the water tower. Discussion followed regarding the extra cost for the permanent repair opposed to the short-term costs of annual repairs on the drain pipe. The annual repair option was not know and Dasher was requested to gather the information and report back at the next meeting.

Dasher also noted that tree trimming is needed around the City. He contacted Loren's for an estimate and it was estimated about 10 hours at $100 per hour, thus a cost of $1000. Joe Hennen mentioned that Roger Beuckers be contacted for another bid. Joe Hennen moved and Tim Hennen seconded a motion to approve of the tree trimming around the City with a budget of no more than $1000 to be awarded to the lowest bidder. Discussion offered. Motion carried 4-0.

City Clerk/Treasurer's Report, Paul Hetland

Hetland noted that he attended jury duty on that day and would not be attending the next day.

Hetland brought forward the desire last year by Council and other citizens for Christmas or winter lights (lights intended to be displayed past the holiday season) on the new light poles. He noted that there was an example brought by a lighting company on the pole in front of City Hall and a banner that would fit the pole. It was noted that the old banners do not fit the new poles and that the old light do fit the new poles. Council generally thought that the downtown was well-lit and attractive not needing any improvements. Hetland brought forward the concept without bias, but to the City's attention before the Christmas season approached.

Humbert called a small recess at 9:25 P.M. to examine the light and banner. Council reconvened at 9:31 P.M.

Council agreed that banners should not be placed on any of the poles. Council further recommended to the public and service organizations that if they would like to fund or provide pole lights for the season, they may do so.

Hetland noted that he felt he was able to better address a wide-range of enforcement issues in the City.

Concerns were raised by Council that the alley concerns behind City Hall should be brought to a resolution before a problem arises. Goebel moved and Joe Hennen seconded a motion to send a notice to the property owners along the alley inviting them to the next City Council meeting. Discussion offered. Motion carried 4-0.

Consent Agenda

Humbert moved and Tim Hennen seconded a motion approving the consent agenda which included the following:

  • Claims (includes payroll related expenses and Pay App. No. 1) in the amount of $370,580.10
  • Payroll in the amount of $6479.42
  • Resolution 2006-036 – Updating Fees Resolution which included previously approved water and waste water rates and 3.2 Annual Off-Sale license with no new fees included
  • Industrial Park Project Pay Application No. 1 to Annandale Construction in the amount of $314,752.76
  • Setting the Primary Election Public Accuracy Test on September 5, 2006 at 10:00 A.M. in the Large Conference Room in City Hall
  • Approving EDA Recommendation and Council Resolution 2006-037 APPROVING JOBZ SUBZONE BOUNDARY MODIFICATION AND REALLOCATION for the City of Rockville contingent on the City of Freeport receiving the Business Development Infrastructure grant award letter from DEED

Discussion offered. Motion carried 4-0.

Closed Session for Annual Review of the Administrative Assistant

At approximately, 9:50 P.M. Humbert moved and Goebel seconded a motion to move into closed session for the annual review of Ann Beard, Administrative Assistant. Motion carried 4-0. Council approved of a cost of living adjustment and merit–based increase bring her hourly wage to $9.50.

At 10:06 P.M. Joe Hennen moved and Goebel seconded a motion to adjourn the meeting and leave closed session. Motion carried 4-0.