Agenda
Joe Hennen moved and Balderston seconded a motion approving the meeting agenda. Discussion offered. Motion carried 5-0.
Approval of the Minutes
Tim Hennen moved and Balderston seconded a motion approving the meeting minutes for March 14, 2007. Discussion offered. Motion carried 5-0.
New Business
Hearing:Road, Drainage, and Utility Easement behind City Hall
Worms opened the hearing at 7:32 P.M. Hetland gave a review of a\the fifth draft of the map showing a 10’ easement on both sides of the waste water line from the Hoeschen and Freeport State Bank properties to the east and jogging in the Corner Store property to create a 20' wide opening on County Road 11. Hetland further described that property lines would be maintained and allow those zoned in the Residential 1 (R-1) district to build following the normal set backs of 10' from the rear lot line to the overhang.
Scott Hamak, City Attorney noted that if the public has used an area for 6 years or more, that the public has a right to use it under the law. He stated that the effort made with the creation of the easement is to define what rights between the public and the property owner. Hamak also noted why an easement was being considered opposed to an alley which primarily for to avoid the technical challenges of platting the alley, that is updating abstracts and signing plats. Hamak and Jim Schulz conferred that these easements are seldom narrower that 20 feet. Hamak also commented that the liability on the easement is like any other street in that negligence needs to be the major determinant. Worms also noted that the Xcel Energy easements also appear to inhibit construction of buildings along the northwest side of the road. Worms asked if there was any comment from those present. Ed Atkinson commented that he appreciated the attention that was given to this project due to the ambiguity of the rights between the public and property owners. Discussion followed regarding the various alley practices through the history and area of the City. Hetland commented that a uniform alley policy should be developed to better address the equity in alley maintenance.
Humbert moved and Tim Hennen seconded a motion approving the road, utility, and drainage easement as outlines on the fifth draft from the City Engineer. Discussion included having Scott Hamak and Jim Schulz draft the necessary paperwork to establish the easement. Motion carried 5-0. Worms closed the hearing at 8:03 P.M.
Hearing: Ordinance 2007-001 – Modification to General Parking Code that parking lots included
Worms opened the hearing at 8:04 P.M. regarding possible modifications to Chapter 13 regarding parking. Hetland provided the Freeport City Code Chapter 13 references and gave a background on the intended change. He described that the general parking rule in the City states that vehicles should be moved every 24 hours on streets and alleys, but under Winter Parking Rules it allows parking in the east end of the Main Street Municipal Parking Lot. Therefore, by this loop-hole, one could park an operable, licensed vehicle in the east end Main Street Parking Lot from November 1 through March 31. Discussion followed on allowing parking on New Years Eve and extending the general parking rule. Joe Hennen moved and Tim Hennen seconded a motion approving Ordinance 2007-001 to be amended to allow an exemption in the Winter Parking Rules to allow for New Year's Eve, to eliminate the parking on the east end of the Municipal Parking lot as an exemption, and to extend the general parking rules from 24 hours to 48 hours. Discussion offered. Motion carried 5-0. Worms closed the hearing at 8:24 P.M.
Open Public Forum
Ken Goebel asked why the City Council has assigned City Clerk Paul Hetland to research police protection when, as he stated, that the City does not need another officer monitoring the bars. Worms mentioned that records indicate that by adding law enforcement protection in communities that it does act as a deterrent to crimes and maintains and attracts young families to a city. Worms also mentioned that the time spent on the research has not been intensive, rather a few contacts and a couple of meetings. Council discussed that the method of law enforcement should reflect the needs and wishes of the City, especially checking doors and walking around the City opposed to simply being parked. Worm emphasized that no decision has been made on providing additional law enforcement than what is already being provided by the County Sheriff.
Discussion began on the situation with property owners regarding a possible alley between 2nd and 3rd Street NW. Hetland gave a detailed review of the situation and options which are on file in his report for review. A lengthy discussion followed on trying to define and determine the space if it was an alley due to the lack of legal information stating whether of not the area was an alley.Hamak recommended that a title search be conducted to determine the presence and length of an alley before further action can be taken. He also noted that the City does not have an obligation to plow the area, it's the responsibility of the adjacent alley owners. He further noted that there is no City responsibility to place a road in the alley. Hamak was not confident about regulating usage, but he would follow through with the question at a later date. Staff was asked to look into the alley policies of other cities. Joe Hennen moved and Humbert seconded a motion to authorize City Attorney Scott Hamak and other office staff necessary to conduct a title search of the possible alley between 2nd Street NW and 3rd Street NW. Discussion offered. Motion carried 5-0.
Worms asked about the necessity of having 10 ton roads in the City marked during spring road restrictions.Staff stated that they will provide more information at the next meeting.
Justin Overman, Boy Scout – Eagle Scout Project Update
Justine Overman addressed City Council with an update on the status of his Eagle Scout Project to place decorative welcome signs in the City.Justin provided a draft sheet of four designs for the City's review and consideration, primarily to begin discussion on possible designs. Overman also provided a list of questions regarding the location, size, number and other pertinent concerns regarding the welcome sign project. Council decided to work on the questions and report back to Overman at the next meeting.
City Engineer, Jim Schulz, SEH
Schulz distributed driveway estimates along 7th Street SW to add an extra driving surface to collect yard material before it reached the street as requested from the previous meeting. The proposal was altered to eliminate the extension on 4th Avenue SW, do half of the amount on 7th Street SW, and divide the other two approaches in half bring a total of approximately $1540.A decision was not needed at the time of the meeting and no action was taken.
Public Works Director, Joel Dasher
Dasher presented a written report at the meeting that is on file for review.
Dasher noted that seal coating is needed on 8th Street SE and 4th Street SW. He was asked to get a price on the repair and report back to Council at a later meeting. It was also discussed that a seal coating is needed in the alley behind City Hall and possibly putting a concrete valley gutter in it to allow for better durability regarding water drainage. Dasher also reported that the repair on 8th Street SE in 2004 was estimated at $15,000 and it is further estimated that the repair will be substantially more, perhaps double. The project, using the City's assessment policy, should be assessed but those present at the preliminary project meeting did not wish to be assessed and asked to have the project postponed until the Main Street Project in 2005. Hetland will further research the City Assessment Policy for more information on overlays and reconstruction.
Dasher mentioned that the wing on the plow has cracks on it and needs repair. Dasher was asked by Council to get a bid and bring back to Council for further consideration.
Dasher was also asked bout bids on the tennis court repairs and maintenance. Dasher was asked to bring back three bids on the tennis court repair. Hetland noted that members of the Lions Club were interested in redeveloping the volleyball court as a basketball court.
Staff was asked to create a seal coating schedule similar to the jetting schedule. Hetland noted the necessity of a Comprehensive Plan which includes a Capital Improvement Plan to address the needs of City and how they are to be paid.
Joe Hennen noted that on April 10, 2007 high school students will be using the ball diamond.
City Clerk/Treasurer's Report, Paul Hetland
Hetland presented a written report that is on file for review.
Regarding the potential of leasing out the Sacred Heart playground area as the City's only north end park, Council agreed and asked Hetland to contact Sacred Heart regarding leasing the softball field in a similar manner. It was noted that it was necessary to clearly define ownership of the equipment. Council discussed using the approximately $9000 of park dedication fee revenue primarily for the Welle 2 Park development.
Consent Agenda
Humbert moved and Balderston seconded a motion approving the Consent Agenda which included the following:
- Claims in the amount of $85,220.25
- Claims for Council Payroll in the amount of $2267.17
- Claims for Employee Payroll in the amount of $6151.72
- Approval of the City Clerk/Treasurer to attend the League of Minnesota Cities Annual Conference Wednesday, June 27 through Friday, June 29, 2007 for the amount of $240 (down $95 from '06 for small cities) and lodging in Duluth in the amount of $178 the least expensive rate (it's been in St. Cloud last couple years)
- Approval of Payment Application Number 7 to Annandale Contracting in the amount of $56,995.16.
Discussion offered. Motion carried 5-0.
At 11:06 P.M. Worms moved and Humbert seconded a motion to adjourn the meeting. Motion carried 5-0.
