Also in attendance were the following: Jim Schulz, Herman Lensing, Lee and Tammy Hiltner, Al Williams, Rodney Atkinson, Charlie Balderston, and Mark Middendorf.
Staff persons on hand were Paul Hetland and Joe Dasher.
The Pledge of Allegiance was said by those in attendance.
Agenda
Tim Hennen moved and Goebel seconded a motion approving the meeting agenda. Discussion offered. Motion carried 5-0.
Approval of the Minutes
Humbert moved and Goebel seconded a motion approving the meeting minutes for September 27, 2006. Discussion offered. Motion carried 5-0.
New Business
HEARING: Manufactured Utility Structures
Worms opened the hearing regarding manufactured utility structures (hoop-like buildings) at 7:32 P.M.
Hetland presented a document intended to become Ordinance 2006-06 regarding the permission and regulation of manufactured utility structures. Discussion followed on the regulation of the structures under the accessory use area and the conditional use areas of Freeport City Code's industrial zoning.
Goebel mentioned in the discussion that he liked a time limit on the structures. Worms spoke on his preference for a conditional use process and agreed that a time limit should be placed on the conditional use permit.
Al Williams mentioned that the structures should adhere to the state building code. Al Williams mentioned that insurance companies may have policies on the structures and what they hold and it should be investigated by the property owner prior to erecting a hoop-like building. Hetland noted that in industrially zoned land, that structures may not exceed 50% of the lot coverage.
Goebel moved and Humbert seconded a motion approving Ordinance 2006-06 to be modified to allow manufactured utility shelters requiring a conditional use permit (CUP), to be enclosed, for a period of five years at which time requiring another CUP or removal with its expiration, and to be installed and anchored per manufacturer's recommendations. Discussion included noting that the code would be effective immediately. Motion carried 5-0.
Open Public Forum
Lee and Tammy Hiltner addressed City Council requesting restoration of service line installation from the 3rd Street NE project of 2003. Lee Hiltner also mentioned that Jan Thelen and Fritz and Clara Williams also had similar issues on their properties. Hetland noted that the settlement was due to contracted installation of the service lines which are typically the expense and responsibility of the property owner. It was also noted that City staff had been accommodating with the situation and had added fill to the Hiltner property on several occasions. Schulz mentioned that typically a one-year warranty covers these types of projects. Worms asked how long the settlement could go on. Schulz stated that the area should be reaching its maximum point of settlement at this point. Goebel moved and Humbert seconded a motion instructing staff to supply each property owner effected by the 2003 Public Improvements along 3rd Street NE with the necessary black dirt fill, with no seed, in exchange for a signed agreement that the restoration has been completed. Discussion offered. Motion carried 5-0.
Mark Middendorf addressed City Council regarding the unsightliness of a recently installed grain bin on the residential property belonging to Dave and Sue Malm. A discussion followed on the issues regarding grain bins including licensing, stable foundation, vermin attraction, and current demands for alternative energy sources. Al Williams mentioned that storage could be in the basement. Hetland mentioned that the storage could be similar to the coal shoots used in the past. Worms moved and Tim Hennen seconded a motion calling for a moratorium on the construction and installation of all exterior grain bins in the City of Freeport. Discussion offered. Motion carried 5-0.
Worms moved and Goebel closed the hearing for the manufactured utility structure request at 8:33 P.M.
Hetland presented a Declaration of Cooperation with Oak Township for review to document the previously made handshakes between the two local units of government. Humbert moved Goebel seconded a motion approving the Declaration of Cooperation with Oak Township. Discussion offered. Motion carried 5-0.
Old Business
There was no business mentioned and no action taken.
Reports
City Engineer's Report, Jim Schulz, SEH
Regarding the Industrial Park Project, Schulz noted that Annandale Construction was still working at the time of the meeting. Hetland mentioned that a preliminary punchlist was produced and given to the City. Schulz mentioned that a new realignment for the storm sewers would need a change order. Worms questioned the purpose of it and mentioned his disappointment with the project's progress and that change orders were presented after the work's completion. Charlie Balderston questioned about maintenance on 7th Street SW as had many parties in the last few days as noted by Hetland. He questioned about getting the washboarding about the road and when it could be done. Humbert mentioned that the grates should be placed over the culverts that were incorrectly removed by the contractor a few weeks earlier. Tim Hennen conveyed the City's dissatisfaction with the lack of progress in restoring the property belonging to Gary and Linda Pierskalla and Schulz assured him and Council that the work was on the punchlist and would be worked on as soon as possible.
Schulz mentioned Hetland's request for liquidated damages, but no action was taken.
Schulz mentioned that the first priority is the pond work and then the Pierskalla parking lot will be next. Worms revisited the conversation regarding the change order executed without Council consent. Schulz mentioned that the wetland permit necessitated the changed which was approved by City Council and explains why the change order wasn't specifically brought forward for review.
Main Street Project
Schulz mentioned that the top soil restoration was finished at Sacred Heart Parish and it's the owner's responsibility regarding the site. The remaining concrete work and the shelter itself is still incomplete. He has contacted all of his subcontractors and few have responded back to him. Worms asked about concrete replacement, and Schulz responded that it is about a half a day's work. Worms mentioned the consideration of liquidated damages with the contractor Tri-City Paving considering the extended period of inactivity. Hetland mentioned that the lack of work has been as embarrassment on a few occasions, especially regarding the simple task of a light in need of changing or repair on the east end of the park shelter. Joe Hennen moved and Goebel seconded a motion that the City Engineer is to pursue liquated damages with Tri-City Paving per the contract. Discussion offered. Motion carried 5-0.
Worms inquired about the progress of surveying the "alley" behind City Hall. Schulz understood the survey was to take place in the next couple weeks.
Middendorf mentioned that an inspector from SEH should be on the Industrial Park construction site. Middendorf mentioned that seeding along 7th Street SW was poor. Schulz responded that he was informed that the seeding was not boulevard quality seeding and will be replaced by the contractor. Balderston also noted that the seeding was poor.
Worms mentioned that there has been a great deal of administration and supervision that City officials and staff have undertaken in the management of this project and conveyed the City's great dissatisfaction with the project's status and progress. Worms required that the contractor produce a schedule due the following Monday.
Public Works Director, Joel Dasher was not present for the meeting and did not provide a written report.
City Clerk/Treasurer's Report, Paul Hetland
Hetland provided a written report which is on file for review.
Hetland also brought forward a request and a recommendation that the speed limit along 7th Street SW and Industrial Drive should be posted at 30 miles per hour. He noted that verbal permission was granted from a MnDOT official in 2004 that they would permit signs to be posted limiting that area at 30 mph. Joe Hennen moved and Goebel seconded a motion approving the recommendation that 7th Street SW and Industrial Park Drive shall be posted at 30 miles per hour. Discussion offered. Motion carried 5-0.
Worms noted that Hetland should investigate the lot owned by Rodney Atkinson on 7th Street SW as it pertains to its appearance and discuss clean option with the owner.
Council also noted that the properties of Terry Schmidt and Bob Hoeschen appear to have abandoned cars in violation of City Code.
Consent Agenda
Goebel moved and Tim Hennen seconded a motion approving the consent agenda which contained the following:
- Claims in the amount of $271,615.18
- Claims in the amount of $227.80 for a correction to the Council payroll made in the previous meeting
- Resolution 2006-041 regarding Severe Weather Notification
- Resolution 2006-042 regarding support of the BioScience program and seeking its designation
- Resolution 2006-043 approving the 2006 General Election Judges
- Pay App Number 3 to Annandale Construction for the Industrial Park Public Improvement Project in the amount of $251,703.16
- Approving the sign locations and designs as presented by the city clerk for 7th Street SW and Industrial Park Drive
Discussion included dissatisfaction and frustration with the progress regarding the Industrial Park Project. Motion carried 5-0.
Hetland mentioned disappointment with Tri-CAP on timeliness of implementing the Small Cities Development Program grant.
At 9:38 P.M. Worms moved and Goebel seconded a motion to adjourn the meeting. Motion carried 5-0.
