Open Public Forum

Jay Hollenkamp questioned the reason for the red flashing light on the lift station by his home, noting that since the extraordinary rain event on July 15th, 2011, the light flashes from time to time. Stueve noted that the excessive run time during the rain event likely caused the ongoing issues with the pump and staff is in the process of disassembling the pump and sending it in for repair. Andy Grieve asked if another sanitary sewer backup would occur while the pump was in for repair, since the system would be operating with only one pump. Stueve noted that Grieve’s backup on July 15th, 2011 was not attributed to the lift station, because the line past Grieve’s home is gravity fed into the manhole. Hollenkamp suggested the contractor for the CR-11 project may be liable for the damages because sanitary sewer manholes on the construction site were left exposed. Worms noted that there were problems all around town and several manholes backed up. Worms said that the City will be checking sump pump connections because illegal dumping of storm water into the sanitary sewer contributed to the problem. Worms noted that Freeport was not the only City that experienced manholes over capacity during the rain event. Laing asked how to submit a claim to the contractor. Holthaus said the City would submit the list of claimants to the contractor. Grieve asked why the fire department was not paged sooner. Stueve said he contacted the chief, who assisted during the event and contacted all available members. Holthaus explained the timing of the claim processing with the contractor.

CONSENT AGENDA

K. 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 July 26, 2011 Regular Council Meeting; approval of the claims distributed on July 15, 2011 in the amount of $11,254.26; approval of the claims distributed on July 21, 2011 in the amount of $333,395.89; approval of the claims distributed on July 21, 2011 in the amount of $130.00; approval of the claims distributed on August 01, 2011 in the amount of $4,943.87; approval of the claims distributed on August 04, 2011 in the amount of $15.00; approval of the claims distributed on August 08, 2011 in the amount of $196,826.09; approval of the claims distributed on August 15, 2011 in the amount of $52,749.87; approval of the claims distributed on August 15, 2011 in the amount of $741.03; approval of the claims distributed on August 18, 2011 in the amount of $173,173.62; and Oktoberfest Street Dance / Road Closure Permit for October 1st, 2011. Discussion offered. Motion carried 5-0.

OLD BUSINESS

Claim 87292, $8,303.93 to Service Master

Discussion postponed until the September meeting.

NEW BUSINESS

Hearing: Unpaid fees

Worms moved and K. Goebel seconded a motion to open the public hearing at 7:36 P.M. Motion carried 5-0. No one was present to speak.

Hennen moved and K. Goebel seconded a motion to approve Resolution 2011-043 – Certification of Unpaid Charges. Motion carried 5-0.

Wormed moved and K. Goebel seconded a motion to close the public hearing at 7:41 P.M.

Resolution 2011-040 – GASB 54 Fund Balance Policy & Resolution 2011-039 – Special Revenue Resolution

Holthaus summarized GASB 54 and the policies presented.

K. Goebel moved and Ritter seconded a motion to approve Resolution 2011-040 – GASB 54 Fund Balance Policy & Resolution 2011-039 – Special Revenue Resolution. Discussion offered. Motion carried 5-0.

Resolution 2011-038 Minor Subdivision Request, 115 1st Avenue North, PID 54.32218.0000

Hennen moved and Ritter seconded a motion to approve Resolution 2011-038 a Minor Subdivision Request for 115 1st Avenue North, PID 54.32218.0000.

Preliminary 2012 Budget & Tax Levy

Holthaus reviewed the preliminary 2012 budget and tax levy, noting a proposal to offset the 2012 budget needs with LGA received in 2011. The proposed budget would allow the City to keep the tax levy the same as 2011.

Resolution 2011-037 – Preliminary 2012 Budget, Tax Levy & Final Budget Hearing

Hennen moved and Ritter seconded a motion to approve Resolution 2011-037 – Preliminary 2012 Budget, Tax Levy & Final Budget Hearing, setting the proposed 2012 tax levy at $374,268 and the final hearing at 7:00 PM on November 29, 2011. Discussion offered. Motion carried 5-0.

Resolution 2011-041 – Ordering Public Hearing for Vacation of 6th Street Northwest

Holthaus said that research revealed that 6th Street Northeast was not a dedicated street. Holthaus said that there has been a request to vacate 6th Street Northwest.

K. Goebel moved and Ritter seconded a motion to approve Resolution 2011-041 – Ordering Public Hearing for Vacation of 6th Street Northwest. Discussion offered. Motion carried 5-0.

Resolution 2011-042 – Tri-Cap Waiver Request Finken Property

Hennen moved and Worms seconded a motion to postpone discussion on Resolution 2011-042 – Tri-Cap Waiver Request Finken Property until the September meeting. Discussion offered. Motion carried 5-0.

Temporary 1-4 Day 3.2% Liquor License for Freeport Softball Club

Ritter moved and Worms seconded a motion approving a 1-4 day temporary 3.2% liquor license for Freeport Softball Club on September 10th, 2011 for a kickball tournament. Motion carried 5-0.

REPORTS

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

Lange reviewed the project budget and recommended the Council consider rate increases effective January of 2012. Blommel summarized work completed on the 2nd/3rd Street Improvement project during the past month. J.R. Ferche submitted a substantial completion notice on 2nd/3rd Street Improvement Project. Punch list items for the project are almost complete.

Resolution 2011-045 – J.R. Ferche Payment Application No. 3

Hennen asked how the areas of cracked pavement would be handled. Lange said they would be covered under warranty.

K. Goebel moved and Ritter seconded a motion to approve Resolution 2011-045 – J.R. Ferche Payment Application No. 3 contingent upon approval from Rural Development. Motion carried 5-0.

Amendment to General Engineering Agreement, S.E.H.

Lange explained that additional staff time was needed to manage the disposal of contaminated soils found during the 2nd/3rd Street Improvement Project. Blommel reviewed the tasks performed. Worms affirmed his intent to request reimbursement from the State of Minnesota for the clean-up.

K. Goebel moved and Ritter seconded a motion to approve an amendment to the Owner-Engineer Agreement with S.E.H. for the 2010 Water System Improvements not to exceed $8,130.18. Motion carried 5-0.

Sanitary Sewer Televising

Lange reported that the televising of the sanitary sewer completed in August revealed a four inch sag in the line between manhole 91 and 92. The sag likely slows the travel of sanitary sewer when excessive flow is present in the pipe, contributing to backups. Lange said the only way to repair the sag is to replace the line.

K. Goebel moved and Ritter seconded a motion ordering the improvement of the sanitary sewer line between manhole 91 and 92 and the replacement of the approach/curb cut from 2nd Street Northwest. Motion carried 5-0.

Holthaus stated that the service extension for the Uptown Hair Site, 115 1st Avenue North had been approved at the July meeting and will proceed as planned in conjunction with the replacement of the line between manhole 91 and 92. The improvement ordered in July to re-route the sanitary sewer from manhole 92 to 102 will not proceed based on the outcome of the televising.

Lange provided Council with three quotes for televising a section of the sanitary sewer (shown in Appendix A of the minutes). The quotes read as follows: Empire Pipe Services, $1,750; Ritter & Ritter $3,363.49; Infratech $3,459.75.

Worms asked the Council to decide on what materials would be placed in the boulevard along CR-11.

K. Goebel made a motion to pour concrete in the boulevard with no color. Motion died due to lack of second.

Staff will review the cost difference between different design options at the September staff meeting.

Lange reviewed a proposal to have Design Electric install the available stock of street lights (six) along CR-11. Blommel provided an estimate for installing 10 additional poles along CR-11. Worms said it is critical to have the conduit installed now before the sidewalks are poured.

Worms moved and K. Goebel seconded a motion to approve the following: Design Electric’s proposal for installation of the existing stock of street lights (six) along CR-11 in the amount of $11,107; Design Electric’s proposal to repair the defective lights along Main Street in the amount of $6,840 (equal to the amount reimbursed by Ameron); and ordered Design to install conduit along CR-11 up to 4th Street Northwest for future installation of street lights. Discussion offered. Motion carried 5-0.

Public Works Report, Jon Stueve

Stueve said the County was requesting quotes to repair the local streets damaged during the CR-11 project. Stueve said the quotes would be ready for review by the staff meeting. Stueve asked about paving the entire parking lot for the fire hall. Worms suggested installing a valley gutter along 4th Street Northwest, by the fire hall to promote proper drainage. Worms said the gutter and new pavement by fire hall could remain intact when 4th Street Northwest is reconstructed, if elevations are consistent.

City Clerk/Treasurer’s Report, Vicki Holthaus

Holthaus requested volunteers to review applications for the fire department executive committee. Ken Goebel and Ron Ritter volunteered to serve on the committee for 2011.

Hennen moved and K. Goebel seconded a motion to approve the Lighting System Analysis from Xcel Energy / Center for Energy and Environment for the fire hall at 104 4th St NW and the maintenance shop at 206 3rd Ave SE in the amount of $1,013.17 and $460.96, respectively. Motion carried 5-0.

Holthaus reviewed a letter from Freeport Development, LLC regarding final grading of Block 6 in Welle’s Country Acres Plat 3. Holthaus said the City requested, in writing, adherence to the original grading plans but believes that the lots developed this summer deviate from the plan. Worms requested signed acknowledgment of the as-built grades from the developer/builders and the property owners, to be maintained in the property files.

Closed Session: Annual performance reviews

At 10:09 P.M. Worms called a short recess before moving into closed session for the annual performance reviews of Jon Stueve and Vicki Holthaus.

The Council reconvened to closed session at 10:15 P.M.

At 10:36 P.M. Worms moved and K. Goebel seconded a motion to adjourn the closed session and regular meeting. Motion carried 5-0.