Freeport City Council Regular Meeting Minutes - December 29, 2009

A regular meeting of the Freeport City Council was convened at 7:30 P.M. by Mayor Matt Worms with Council Members Joe Hennen and Ken Goebel also in attendance.

Also in attendance: Megan Atkinson, Fritz Hoeschen, and Tony Brinkman.

Staff persons in attendance: Paul Hetland, Dave Blommel, and Scott Lange.

The Pledge of Allegiance was said by those in attendance.

Open Public Forum

No one addressed City Council.

Consent Agenda

Goebel moved and Hennen seconded a motion approving the Consent Agenda which included the following: Approval of the agenda; approval of the minutes from the December 8, 2009 Regular Meeting; approval of the claims distributed on December 12, 2009 in the amount of $2,379.47; and approval of claims in the amount of $1,659.98. Discussion offered. Motion carried 3-0.

New Business

Insurance Review

Fritz Hoeschen, of the Freeport Commercial Exchange Corporation, was present to review and discuss the City’s insurance policies and coverage.

Hoeschen stated that in several areas the City insures (such as the Open Meeting Law, land use claims, and sewer back-up claims) only the League of Minnesota Cities Insurance Trust (LMCIT) will cover. He also noted that the 2009 premiums went down by 10% from the 2008 insurance and it is well to ask why these changes take place on an annual basis. Typically, premiums rise due to inflation, covering more areas or items, or more claims. He noted that inflation was relatively low, a few things were added to the coverage list, but there have been no claims against the City and praised Council and Hetland for good management of City resources.

Hoeschen did suggest a couple areas that could be investigated for coverage reductions such as removing a few items that are worth less than $5000 considering the deductible is $5000. The risk is losing the same items in the same events totaling more than the deductible amount would not be covered. It was noted that the Mayor and Clerk would be getting together at a future time to meet with Hoeschen and continue the interaction on an annual basis.

Hoeschen further noted, in response to questions at a previous meeting, that what is termed “umbrella” coverage is not an option through the LMCIT and if it were, it certainly would be more expensive than the current coverage. To ensure various items would be covered in a disaster, Hoeschen and Hetland suggested taking pictures of the City’s possessions.

Hoeschen was thanked for coming to the meeting and his presentation.

Island Paradise Plat Preliminary Review and Consideration

Hetland and Lange reviewed the plans recently discussed at the December Freeport Economic Development (EDA) Meeting as proposed from Terry Duffy of Duffy Engineering. The plans are only preliminary ones, but the intention is to develop four lots approximately 3 acres each in size. The development would begin in 2010 with the understanding that it is proposed to bring forward water services in 2011. Duffy’s request was to begin the preliminary plat and developer’s agreement process on this new proposal. At the same meeting, Duffy was invited to attend the EDA Special Meeting on January 20, 2010 to discuss residential needs in the City. Discussion followed regarding the type of road, drainage, and site specifications would be requested in the project. Staff requested continuing discussions with Duffy and his staff of the proposal . Hennen moved and Goebel seconded a motion setting February 23, 2010 as the hearing for consideration of the preliminary plat of the Island Paradise development. Discussion offered. Motion carried 3-0.

Old Business

Review suggested ordinances

Appealing open burning – Draft Ordinance 2010-01

Hetland reviewed information forwarded from City Attorney Scott Dymoke and the League of Minnesota Cities regarding the regulating of open burning in Minnesota cities. As requested by Council and residents, he reviewed the draft ordinance (which is on file for review) prohibiting open burning in the City with the exception of State regulated recreational fires.

Allowance for snow fences without a permit, date limited – Draft Ordinance 2010-02

Also by Council request, Hetland reviewed the draft ordinance which would clarify in Freeport City Code that snow fences do not need a zoning permit.

Winter parking rules – clarification for the allowance of construction dumpsters and exemption changes – Draft Ordinance 2010-03

Hetland reviewed the draft ordinance which would allow construction dumpsters on City streets during the period Winter Parking Rules would be enforced. It also covered the exemption times previously discussed by Council around Thanksgiving, Christmas, and New Year’s Day.

Hennen moved and Worms seconded a motion calling for a hearings for the consideration of Ordinances 2010-01, 2010-02, and 2010-03 at the Regular Council Meeting on February 23, 2010. Discussion offered. Motion carried 3-0. Details on the draft ordinances are available at City Hall for review and will be published in the City’s official newspaper.

USDA Rural Development Projects Update

Lange gave brief review of the project’s status, which is to state that the USDA is reviewing the City’s comments of their review. There was time given to the planning of whether to have one or three public hearings for the proposed projects. It was agreed that three separate hearings for the three major projects would be prudent. Hennen moved and Goebel seconded a motion to approve the following: approval of the amended assessment policy at the January 26, 2010 regular meeting; a hearing for the proposed water tower on January 28, 2010 at the Freeport Community Center at 7:30 P.M.; a hearing for the proposed public improvement project effecting 2nd Avenue SW and 3rd Street SW on February 4, 2010 at 7:30 P.M. at City Hall; and a hearing for the proposed County Road 11 public improvement project on February 9, 2010 at 7:30 P.M. at City Hall. Discussion offered. Motion carried 3-0.

Reports

City Clerk/Treasurer’s Report, Paul Hetland

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

Hetland also mentioned that the State required pay equity report was due by the end of January, a sales tax audit field visit would take place the following day (an all-day review from the Minnesota Department of Revenue), a citizen residential zoning set back request for smaller lots, and various other year-end reporting requirements are scheduled to be completed by the end of January.

Mayor’s Report, Matthew Worms

Worms brought forward the idea of having meetings at 7:00 P.M. instead of 7:30 P.M. Council agreed with the change and Hetland noted that it would require an ordinance to change City Code. Worms request and Council agreed to schedule a hearing for the proposed ordinance change at the February 23, 2010 regularly scheduled meeting with the other proposed code changes. The change, if approved, would take effect in March 2010.

Worms mentioned that the 90 day period of absence from city residence for Charles Balderston should be investigated formally by Staff. It was Worms’ intention that with the upcoming hearings, a vacancy should be declared and an appointment approved. Worms discussed that the more equitable way was to appoint the person with the next highest vote totals in the last election, which was Ron Ritter. Worms did speak with Ron Ritter and he is interested in the Council position. Council briefly discussed the process and Hetland stated he would investigate the matter and take appropriate actions per Council’s intentions.

It was noted that there are a few places in the City that pose an ice hazard for the public. Hetland noted that all of the property owners are aware of the hazards and will remind owners to reasonably free their sidewalks from ice and snow.

At 11:03 P.M. Worms moved and Goebel seconded a motion to adjourn the meeting sine die. Motion carried 3-0.