Also in attendance were the following: Jim Schulz, Herman Lensing, Arnie Hoeschen, Danny Beuckers, Jim Hemker, Lucille Van Horik, Randy Synstad, Sue Slupe, Ray Funk, and Ed Atkinson.

Staff person on hand was Paul Hetland.

The Pledge of Allegiance was said by those in attendance.

Agenda

Goebel moved and Humbert seconded a motion approving the meeting agenda. Humbert wished to add discussion on a sign violation to New Business regarding a Smiley Gas Mart sign on County Road 11. Discussion offered. Motion carried 5-0.

Approval of the Minutes

Tim Hennen moved and Goebel seconded a motion approving the meeting minutes noted for August 30, 2006. Discussion offered. Motion carried 5-0.

New Business

Alley Meeting

Worms opened the meeting at approximately 7:35 P.M. Hetland gave a brief overview of the last meeting in which those present came to an agreement that an alley should be created about 20 to 25 feet wide. Jim Hemker noted he is not in favor of the alley establishment. Hemker noted that there is a 8 foot wide alley currently by the Corner Pub and Hoeschen Auto and if one were created it should be a similar width. Randy Synstad conveyed that he did not see a need for an alley and he disagreed that there was a consensus that an alley was needed at the last meeting. Arnie Hoeschen supported the idea that an alley should be established due based on the fact that if a natural disaster took place, commercial property owners may wish to build to their lot lines and in effect remove the alley or at the very least cause a tremendous amount of legal fray in bringing a reasonable solution in such a situation. The group further discussed the concept of easements in alley if they exist. Electric, gas, and waste water lines run in the "alley." Those present felt that if official easements exist than the alley should be created to reflect the easement because property owners are not allowed building over an easement. Hetland was instructed to contact Xcel Energy and CenterPoint Energy regarding their authority to erect and maintain utility lines in the alley. Worms pointed out that snow and the surface cover is not maintained in all City easement areas; therefore, if an alley was not established, then there would be no reason to plow snow in the alley behind City Hall. Those present agreed that an alley should be established and still wished to know what authority the utility companies had to erect lines. Goebel moved and Humbert seconded a motion to define the utility easements in alley and to use that information as a reference point for establishing an alley. Discussion offered. Motion carried 5-0. Staff was instructed to accomplish the task within the next three to four weeks and Schulz stated it should be accomplished with a survey.

2007 Preliminary Levy Approval

Hetland gave an overview of the preliminary levy and a preliminary budget. Hetland explained that due to a major loss in Local Governmental Aid (LGA) in the last five years, that the City is losing over $18,000 a year. In addition, the State of Minnesota property in the City owes well over $50,000 in assessments for the Main Street Public Improvement Project. He displayed an invoice noting this loss in revenue in an invoice format. The issues will be subject to further action in the upcoming legislative session to help correct, but Hetland was not hopeful the City would recoup these loses in the near future. As a result of this loss and to avoid a default on the Main Street bond, the levy amount for the project needed to be raised by $50,000. Hetland gave data regarding the proposed levy and the effect on property owners. If the levy would be kept as the final levy, it would equate to a tax increase of 9.5% for Freeport's taxes and that is without a valuation increase which on average last year was 8%. Hetland noted that the preliminary levy was due September 15 into the Stearns County Auditor-Treasurer's office and that the final levy was due at the end of December. The preliminary can be lowered, but not raised. With a review of the proposed 2007 budget, Mayor Worms noted that there were very little additions to the budget and it generally served the minimum needs of the City. Joe Hennen moved and Tim Hennen seconded a motion to approve the preliminary levy for $293,112 with the dedicated amounts as follows: $130,000 for the General Fund, $78,909 for the Main Street bond, $50,000 for the 2003 Improvement bond, $24,703 for the EDA Welle Country Acres bond, and $9500 for the EDA itself. Discussion offered. Motion carried 5-0.

Signs

Humbert mentioned that Smiley Gas Mart had erected another sign near County Road 11 and the bike trail without a permit and in violation of City Code. Humbert further stated that signs should not be off of the premises of property owners. Council instructed Hetland to notify Smiley Gas Mart of the violation to be removed within the next 24 hours.

Atkinson Request on Structure

Hetland brought forward pictures on behalf of Rodney Atkinson whether or not City Code and City Council would allow non-permanent, tubular, car-port-like structures in the City. Worms mentioned that such structures are similar to tarps over wood piles and often look better than that option. Joe Hennen responded that the tarp concept is usually gone in a lesser period than these structures and Worms agreed. Tim Hennen noted that the structures don't look bad outside of residential areas and are better than the alternative of scattering materials about a property. Worms felt a size limitation or zoning restriction could be placed on the structures. Hetland also noted that the City has the option to place the structures into a conditional-use classification. Hetland also noted that the City does not recognize these structures in City Code at all. Worms noted that most greenhouses are of this type of construction. Hetland further noted that he is aware of a few neighboring cities that do not allow the structures. Worms moved and Goebel seconded a motion to place a moratorium on the structures until more research can be conducted. Discussion offered. Motion carried 5-0.

Worms called a recess at 9:27 P.M. Worms reconvened the meeting at 9:31 P.M.

Old Business

Maintenance Building Status Report

Landscaping for the project is being completed by Mike Stalboerger. Sidewalk and driveway cement are still in need of repair. The Public Works Director was instructed to contact Cal Harms regarding his allowance to complete his restoration in the spring and if a plywood or similar structure could be used as a temporary fix in the driving surface until then.

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

Council accepted the offer made by Scott Dymoke that if his services are needed for a meeting a minimum charge of one hour would be billed to the City regardless of the time spent at the meeting. The one-hour fee is $95.

Humbert mentioned that he was approached by a concerned resident that there may be a waste water leak on the line running northwest from the 3rd Street NE liftstation. Hetland noted that he and Mark Middendorf had investigated the site that day and determined that the issue was water that had collected in the wetland area creating an odor. The manhole cover was lifted and the line was flowing well.

Reports

City Engineer's Report, Jim Schulz, SEH

Regarding the Industrial Park, Schulz noted that the utilities were completed this week. He also noted that Geise would be grading the rest of the project within the next week.

Schulz also mentioned that there was a request for waste water service outside of the City and more information would be presented at a future Council meeting.

Schulz also mentioned that with the Main Street Project final walk through a small number of items were found that need attention. One of the items was the need for new mailboxes on the east end of the project. The ones provided were of low quality and one of the doors were already broken from what appeared to be normal usage. Another item was the continuance of pealing paint on the park shelter. Schulz will be contacting Tri-City Paving to make the necessary repairs and providing them with an updated punchlist.

City Clerk/Treasurer's Report, Paul Hetland

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

In the report, staff requested guidance on removing snow on the Main Street City-owned sidewalks. Through much discussion, Council decided that the sidewalks should have the snow removed and that it could be done with a push behind snow blower. Humbert moved and Goebel seconded a motion to approve of a purchase of a walk behind snow blower. Discussion included Hetland noting that the city has statutory immunity against any and all sidewalk claims if the snow if removed and if there is a sidewalk maintenance program. There was also mention that Dasher should contact Rodney Atkinson if he still has a snow remover available to purchase. Motion carried 5-0.

Consent Agenda

Humbert moved and Tim Hennen seconded a motion to approve the consent agenda which included:

  • Claims in the amount of $11,218.7
  • A second set of claims in the amount of $1808.25
  • Pay Application No. 2 and the payment regarding the Industrial Park Public Improvement Project in the amount of $542,611.19

At 10:17 P.M. Worms moved and Tim Hennen seconded a motion to adjourn the meeting. Motion carried 5-0.