Also in attendance were the following: Jim Schulz, Herman Lensing, Carol Moorman, Gary and Linda Pierskalla, and Mark Middendorf.

Staff persons on hand were Paul Hetland and Joe Dasher.

The Pledge of Allegiance was said by those in attendance.

Agenda

Humbert moved and Goebel seconded a motion approving the meeting agenda. Discussion offered. Motion carried 5-0.

Approval of the Minutes

Goebel moved and Tim Hennen seconded a motion approving the meeting minutes for October 11, 2006. Discussion offered. Motion carried 5-0.

New Business

HEARING: Grain Storage Bins in Residential 1 (R1)

Worms opened the hearing at 7:37 P.M. Hetland gave a review of the proposed ordinance changes as he had drafted and submitted for discussion. Discussion of the wording proposals followed. Joe Hennen moved and Goebel seconded a motion approving of Ordinance 2006-006 to include the phrase "Exterior grain bins shall not be permitted, excluding traditional wildlife feeders" in Chapter 5 of Freeport City Code under Residential -1. Discussion followed. Motion carried 5-0. Worms closed the hearing at 7:53P.M.

Open Public Forum

Gary and Linda Pierskalla were present, but wished to comment on the Industrial Park Project during the city engineer's report.

Hetland presented a request from Terry Duffy and Graeme Mahler to set a hearing to approve the Preliminary and Final Plats and the plat addresses on November 8, 2006. Goebel moved and Tim Hennen seconded a motion to hold a public hearing on November 8, 2006 at 7:30 P.M. regarding the approval of the preliminary and final plats and the addresses for the Island Paradise Development. Discussion incorrectly included a comment from Hetland that the latest request was for the City to pay for half of the water line extension along County Road 11. The City is only obligated to reimbursement the developer up to 50% of the amount spent in the fees the City collects in 10 years. Motion carried 5-0.

Hetland presented Industrial Park Payment Application Number 4 in the amount of $290,008.35 as a part of the claims and as approved by the City Engineer. Serious discussion took place regarding the lack of progress in the Industrial Park Project and the apparent misuse of the property belonging to Gary and Linda Pierskalla. Mayor Worms reference breech of contract violations in the contract between the City and Annandale Construction. Worms recommended further review of the pay application per the City's rights under the contract. He further conveyed the point that the City shall exercise its right to a full 30 day review if the City does not receive a schedule of the project from the contractor at which time the pay application and the contract will be released and approved.

Tim Hennen moved and Humbert seconded a motion to approve the Mayor's recommendation. Discussion offered. Motion carried 5-0.

Hetland presented Resolution 2006-044 regarding a withdrawal of $150 for the petty cash fund. Joe Hennen moved and Humbert seconded a motion to approve the resolution. Discussion offered and it was recommended to Hetland that this be the final request for petty cash. Motion carried 5-0.

Hetland brought forward a request to set the Industrial Park Public Improvement Project assessment hearing for November 8, 2006 at 7:30 P.M. or as soon after as it can be heard. Joe Hennen moved and Humbert seconded a motion to approve the Industrial Park final assessment hearing for November 8, 2006 at 7:30 P.M. Discussion offered. Motion carried 5-0.

Hetland also recommended that the Council also set November 8, 2006 for a hearing to apply late utility and service charges to the assessment role for Bryan Benjaminson, Glendon Johnson, Noel and Tina Wacker, and Greg Glenn. Joe Hennen moved and Humbert seconded a motion approving the recommendation. Discussion offered. Motion carried 5-0.

Old Business

Worms recommended that the City should examine City Code as it pertains to wood piles. Worms moved and Goebel seconded a motion to hold a hearing on November 8, 2006 to review possible changes to Freeport City Code regarding wood piles. Discussion offered. Motion carried 5-0.

Reports

City Engineer's Report, Jim Schulz, SEH

Gary and Linda Pierskalla addressed Council and the City Engineer regarding the lack of progress is restoring their property and to raise the issue that the contractor entered the property without permission. They explained that they were promised on multiple occasions that their property would be restored and yet nothing was done. They also reported that there was still a roll of road fabric still on their property left behind by the contractor. They insisted that their property should be restored as soon as possible. Schulz said that he too was frustrated with the lack of progress from Annandale Construction. Worms noted that there were a few places in the contract between the City and Annandale Construction that there appeared to be a breech of contract by the contractor. Hetland added that it also would appear that trespassing can be added to the list of concerns considering permission to enter the Pierskalla property for equipment and supply storage was not given by the City, the City Engineer and his staff, or the property owners. Gary Pierskalla mentioned an example where a formal work order slip stated to drop off a supply shipment at "the white building" in the work site, clearly referring to their building. Worms strongly stated that the contract needs to be clearly emphasized to Annandale Construction and that their work must improve immediately. The Pierskalla's were pleased that the City heard and was going to act on their concerns and the City conveyed its appreciation for their comments and incredible patience in this process.

Also regarding the Industrial Park Project, Schulz mentioned that there will be excess ground material available and that he and Worms had been in contact with the property owners of Millwood Metalworks, Famo Feeds, and the Freeport Farm Center but had not heard from either one at the time of the meeting. Schulz mentioned that there is about 7000 cubic yards of fill to distribute or potentially sell. If the material couldn't be sold, the material could be distributed to the western lots of the Industrial Park which would not effect the lots.

Schulz mentioned that there is a waste water telemetry change order outstanding for the Council's review. Schulz mentioned that the proprietary system was intentionally left out of the plans and specifications to ensure the City could obtain the right and compatible equipment. He also noted that Preferred Controls are the subcontractor for the contractor with an approximate cost of $8159. It was further noted that if the contract would be separated from the general contract for the installation and purchase of the lift station monitoring equipment there could be a substantial savings. Joe Hennen conveyed that the work should be contracted separately. Joe Hennen moved and Goebel seconded a motion to contact Preferred Controls to solicit a separate bid and to compare the two bids and warranties and to award the lowest bid. Discussion included Dasher mentioning that the equipment is ready to install and the process should be able to proceed quickly. Motion carried 5-0.

Schulz also mentioned power options for the waste water liftstation. He stated that Xcel Energy could provide power in the spring and if we need it, they can bring single phase now to the lift station at a cost of approximately $2500. Annandale Construction is currently responsible for pumping out the liftstation.

Main Street

Humbert asked Schulz if the light bulb in the shelter had been changed yet and Schulz responded that it had not by the contractor Tri-City Paving. Schulz also mentioned that through his conversation with Tim Otremba that they would be willing to purchase alight pole along Main Street, which Hetland noted that the cost is $7000.

Alley

Jim also presented a map which is on file for review depicting the proposed alley. Worms requested that the map in possession of the Commercial Exchange Corporation (CEC) should be overlaid with the map provided by Schulz. Worms moved to table the discussion until that map can be produced. Hetland noted that he will forward a copy of the CEC map to Schulz.

Worms also noted that he would like to see a laminated map of the City erected in the Council Chamber. Schulz indicated that SEH could provide the described map and Hetland also mentioned that maps typically are on display in the Council Chamber but due to the upcoming election, the boards were being used.

Council also noted that a street light was out by 4th Street NW and County Road 11. Dasher noted appreciation for the notification. He also reported that in the Welle Estates Plat 2 that a mouse destroyed the wiring in a light pole.

Public Works Director, Joel Dasher

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

Dasher gave verbal information regarding the a liftstation generator opportunity for approximately $6000. Worms mentioned that a new generator in Sauk Centre was recently purchased for about $30,000 noting that generators can be fairly expensive depending on the need. Tim Hennen asked about the generator opportunity from the City of New Munich, and Dasher responded that it didn't meet the City's needs upon closer review. Council advised staff to further review generators.

Council discussed excessive speeds witnessed on 7th Street SW allegedly from Whirlwind Employees.

Humbert mentioned that he is having water quality issues at his residential unit. Hetland reported that he had not had water issues as a resident of the neighborhood and no one else had commented on it to date. Dasher suggested that hot water heater my need to be flushed.

City Clerk/Treasurer's Report, Paul Hetland

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

Hetland also reported on his research of extending city services outside of city limits. His findings from approximately five cities unanimously stated that cities should avoid extending services beyond their borders regardless of the circumstances. One the major points noted was the inability of the city to apply unpaid bills to the tax rolls. Establishing equity in the service is also hard to impossible to calculate considering the fairness to city citizens while not unfairly charging the property owner outside of the given city. Hetland informed City Council that there was an informal inquiry about the possibility of having city services outside of city limits and that he would be contacting them that the proposition is not under consideration and the City of Freeport is generally not supportive of the idea.

Hetland noted that there would be a progress report on the Beutz Radiator Service at the next meeting.

Consent Agenda

Goebel moved and Joe Hennen seconded a motion approving the consent agenda which contained the following:

  • Claims in the amount of – $71,861.66 which omitted the check for Annandale Construction until November 23, 2006 or until a schedule is received in the amount of $290,008.35 and an invoice to Mid-Continental Asphalt in the amount of $855
  • Claims for payroll in the amount of $6,132.87
  • Setting the General Election Public Accuracy Test for Tuesday, October 31, 2006 at 10:00 A.M.

Discussion offered. Motion carried 5-0.

CLOSED SESSION: Annual review of Joel Dasher, Public Works Director

Moved and seconded to move into closed session for the annual review of the Public Works Director Joel Dasher at 9:48 P.M. Motion carried 5-0.

Humbert Moved and Joe Hennen seconded a motion to approve of a wage scale and merit increase for Joel Dasher, Public Works Director Group 9, Step 5 reflecting a 4.1% Social Security Cost of Living Adjustment with a 1.4% merit increase bringing the annual salary to $33,612. Discussion offered. Motion carried 5-0.

At 10:35 P.M. Humbert moved and Joe Hennen seconded a motion to adjourn the meeting. Motion carried 5-0.