Freeport City Council Regular Meeting Minutes - June 28, 2011

OPEN PUBLIC FORUM

Genevieve Dumont requested a refund for damage she sustained to her bathroom toilet. Phil Osendorf explained that the ball valve ruptured after the City disconnected and reconnected water services. Phil has seen leaks before but has never seen the appliances explode. Lange suggested the issue be referred to the next staff meeting. No action was taken on the request.

CONSENT AGENDA

K. Goebel moved and C. Goebel seconded a motion approving the Consent Agenda which included the following:

• Approval of the agenda; approval of the minutes from the May 31, 2011 Regular Council Meeting;
• approval of the claims distributed on May 20, 2011 in the amount of $3,891.21;
• approval of the claims distributed on May 26, 2011 in the amount of $25.54;
• approval of the claims distributed on May 26, 2011 in the amount of $5,756.82;
• approval of the claims distributed on June 1, 2011 in the amount of $3,939.83;
• approval of the claims distributed on June 2, 2011 in the amount of $172.43;
• approval of the claims distributed on June 9, 2011 in the amount of $9,472.19.

Discussion offered. Motion carried 5-0.

OLD BUSINESS

Hearing: Variance Request 309 2nd Ave SW

Worms opened the public hearing at 7:06 P.M. Holthaus reviewed the variance request and staff recommendation on the request. No public comment was offered.

Worms moved and K. Goebel seconded a motion to close the public hearing on the Variance Request for 309 2nd Ave SW at 7:09 P.M. Motion carried 5-0.

K. Goebel moved and Hennen seconded a motion to approve the Variance Request for 309 2nd Ave SW. Worms took a roll call and Members Hennen, K. Goebel, Worms, C. Goebel and Ritter all voted in favor of the Variance approval. Motion carried 5-0.

Continue Hearing: Ordinance 2011-07 – Residential Steel Roofs

Worms opened the public hearing at 7:11 P.M. K. Goebel asked how the policy would impact City buildings. Holthaus noted that the proposed ordinance would only regulate the residential zoning districts. Worms and Hennen noted that the standing seam and concealed fastener options were more aesthetically pleasing. Worms noted that prohibiting exposed fasteners could prevent leakage issues and enhance building safety.

Worms moved and K. Goebel seconded a motion to close the public hearing on Ordinance 2011-07 – Residential Steel Roofs at 7:15 P.M. Motion carried 5-0.

Hennen moved and K. Goebel seconded a motion approve Resolution 2011-025 approving Ordinance 2011-07 – Residential Steel Roofs. Discussion offered. Motion carried 5-0.

Liquor License Renewal for Corner Pub

Holthaus explained that during the renewal process the Stearns County Sheriff’s office raised concern over the multiple violations received by the Corner Pub. Holthaus explained that the Sheriff was reluctant to sign the renewal and wanted to see effort on behalf of the licensee and City to encourage lawful sales. Worms explained that the City needed to review its Liquor Ordinance and draft more specific violations for unlawful sales. Hennen asked what criteria was needed and who would enforce. Holthaus explained that the City Clerk could enforce what was required under the Liquor Ordinance and that the City Council should take an active part in reviewing violations of the Ordinance. Holthaus will prepare a draft revision of the Ordinance for the August meeting. Hennen requested the Council not look at fines as a mechanism to generate new revenue, but rather to encourage compliance.

Worms moved and K. Goebel seconded a motion to approve the renewal of the liquor license for Corner Pub with the understanding that more strict compliance rules and enforcement would be drafted and required by Ordinance. Discussion offered. Motion carried 5-0.

Claim 87292, $8,303.93 to Service Master

Holthaus noted that a meeting with the property owner has been scheduled for next week. No action was taken.

Snow Removal Agreements

K. Goebel moved to withdraw the contract offers. Motion died due to lack of second.

Hennen moved and Worms seconded a motion to extend the existing offer to Sacred Heart a second time, with a copy of the attorney’s opinion included and if the Sacred Heart declines the offer a second time the City will withdraw the offer for services. Discussion offered. Motion carried 4-0 with K. Goebel opposed.

NEW BUSINESS

Hearing: Unpaid Utility Charges and Municipal Fees

Worms opened the public hearing at 7:38 P.M. No one was present to comment.

Worms moved and K. Goebel seconded a motion to close the hearing at 7:40 P.M. Motion carried 5-0.

Resolution 2011-026 – Certification of Unpaid Fees and Utility Charges

Worms moved and K. Goebel seconded a motion to approve Resolution 2011-026 – Certification of Unpaid Fees and Utility charges. Discussion offered. Motion carried 5-0.

REPORTS

City Engineer, S.E.H. – Scott Lange, Dave Blommel

Resolution 2011-027 – J. R. Ferche Payment Application No. 1 Hennen moved and K. Goebel seconded a motion to approve Resolution 2011-027 – J.R. Ferche Payment Application No. 1 with the clerical error revised and contingent upon approval from Rural Development. Motion carried 5-0.

Lange said the contractor requested a time extension, which is subject to approval by Rural Development. Lange noted that a change order would be ready for the July meeting and would include an extension date of July 18th. Hennen asked that they give until July 20th to avoid crews working over the weekend of the Sacred Heart festival.

S.E.H. Contract for Davis Bacon Compliance Monitoring

Lange requested approval to contract with S.E.H. for review of payroll during the project to ensure compliance with Davis Bacon. Hennen asked if City staff could do the work in house. Worms noted the time and steps required in the review process for a project of this size.

Hennen moved and K. Goebel seconded a motion to approve a contract with S.E.H. for Davis Bacon compliance monitoring associated with the Rural Development Loan not to exceed $10,000. Motion carried 5-0.

Public Works Director’s Report, Jon Stueve

Stueve discussed doing some parking line striping on 2nd with Sacred Heart and they approved.

Stueve said he was able to negotiate a lower price for services with Munson. It will cost about $18,000 to do the work discussed in May and they added an additional 20’ x 30’ section which has an estimated value of about $3,000-4,000.

Stueve commented on the surface water issue on 2nd by Sacred Heart. Worms recommended a manhole and catch basin to solve the issue and said the materials should be able to be salvaged from the County Road 11 reconstruction and reused on 2nd. Lange will check with the contractor.

City Clerk/Treasurer’s Report, Vicki Holthaus

Worms explained that Famo Feeds has requested a permit for a leg extension at their 446 Industrial Drive site. The expansion should be governed by a conditional use permit, however, one was never granted when the site was built in the early 2000’s. Holthaus has recommended approval of the zoning permit conditional upon Famo proceeding with the CUP process. Holthaus recommended the CUP fee be waived, as the City should have required the CUP several years ago.

Hennen moved and K. Goebel seconded a motion to approve the zoning permit for a leg extension at Famo Feeds, 446 Industrial Drive. Discussion offered. Motion carried 5-0.

K. Goebel moved and Hennen seconded a motion to call a public hearing for the Conditional Use Permit Request from Famo Feeds, 446 Industrial Drive. Discussion offered. Motion carried 5-0.

Worms reviewed the energy audit completed by Xcel Energy for the City maintenance building. No action was taken on the proposal.

C. Goebel asked how the City is sharing information about the project. Staff noted that newsletters and electronic media are being used.

At 8:35 P.M. C. Goebel moved and Worms seconded a motion to adjourn the meeting. Motion carried 5-0.