OLD BUSINESS

Public Hearing: TIF 2-1 (Swany White) Plan Modification

Worms moved and K. Goebel seconded a motion to open the Public Hearing: TIF 2-1 (Swany White) Plan Modification at 7:01 P.M. Motion carried 5-0.

Holthaus summarized the changes to be made to the TIF 2-1 Plan, including: language to establish the pay-as-you-go note with the developer as a bonded indebtedness of the City and removal of the language referencing an interfund loan for the financing of public improvements. Upon question from member K. Goebel, Holthaus confirmed that the changes would not impact tax increment revenue projections for the Thelens.

Worms moved and K. Goebel seconded a motion to close the Public Hearing: TIF 2-1 (Swany White) Plan Modification at 7:03 P.M. Motion carried 5-0.

Resolution 2012-045: TIF 2-1 (Swany White) Plan Modification

K. Goebel moved and Ritter seconded a motion on Resolution 2012-045: TIF 2-1 (Swany White) Plan Modification. Motion carried 5-0.

Public Hearing: Vacation of 6th Street Northeast

Worms moved and C. Goebel seconded a motion to open the Public Hearing: Vacation of 6th Street Northeast. Motion carried 5-0.

Holthaus explained that County right-of-way expert had reviewed the property description for the land known as 6th Street Northeast and determined the underlying fee owner to be Dan & Carrie Roering. A review of the property description and the descriptions of neighboring parcels by Attorney Scott Dymoke revealed the same. Although the City cannot provide 100% assurance as to who will receive the land once the City vacates interest, it was felt by Holthaus and Dymoke that the provision in State Statute allowing for the land to be disbursed 50% to abutting property owners would not apply to this vacation because an underlying owner of fee is clearly the Roerings and not the Public of Freeport.

Resident Matt Lurken-Tvrdik explained that the Roering’s driveway does not lie within the area to be vacated. He explained that the Roerings travel across his private property when accessing County Road 11. Lurken-Tvrdik noted that a review of his property markers would show that fact. Holthaus and Council encouraged Lurken-Tvrdik to work out an agreement with the Roerings regarding access to their property. Council felt that there was no Public need for interest in the property, however, Council would like additional assurance that the Roering’s will maintain access to County Road 11 after the vacation given the concerns posed by Lurken-Tvrdik.

Resolution 2012-046: Vacation of 6th Street Northeast

K. Goebel moved and Hennen seconded a motion to postpone action on Resolution 2012-046: Vacation of 6th Street Northeast and allow the Public Hearing: Vacation of 6th Street Northeast to remain open until Holthaus can provide assurance that the reversion won’t land-lock the Roerings. Motion carried 5-0.

Hennen moved and K. Goebel seconded a motion to open the Public Hearing at 7:10 P.M. Motion carried 4-0.

Public Hearing: Ordinance 2012-006 C-1 Permitted Accessory Use

Worms moved and K. Goebel seconded a motion to open the Public Hearing: Ordinance 2012-006 at 7:42 P.M. Motion carried 5-0.

Holthaus discussed with Council the implication of listing existing R-1 properties as permitted in the C-1 district. The properties would no longer be non-conforming and the use could be expanded, lessening the change the property would be converted to C-1. At the same time, Council still wanted to add garages as permitted accessory uses on a C-1 lot with an existing R-1 use to keep the properties marketable until they are redeveloped as C-1. Council felt that the existing R-1 setbacks should apply.

Hennen moved and Ritter seconded a motion to close the Public Hearing: Ordinance 2012-006 at 7:55 P.M. Motion carried 5-0.

Resolution 2012-047: Ordinance 2012-007 C-1 Permitted Accessory Use

Hennen moved and C. Goebel seconded a motion on Resolution 2012-047: Ordinance 2012-007 C-1 Permitted Accessory Use. Motion carried 5-0.

NEW BUSINESS

Resolution 2012-048: Purchase Agreement

Worms explained that EDA held a public hearing earlier in the day and voted to sell the land referenced in the Purchase Agreement to Famo Feeds, Inc. for construction of a private drive to provide southern access to its current property.

K. Goebel moved and Hennen seconded a motion on Resolution 2012-048: Purchase Agreement. Motion carried 5-0.

REPORTS

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

Resolution 2012-049: Payment Application No. 4, Dakota Supply Group Inc.

Hennen moved and K. Goebel seconded a motion on Resolution 2012-049: Payment Application No. 4, Dakota Supply Group Inc. Motion carried 5-0.

Resolution 2012-050: Change Order No. 1, General Construction Inc.

Hennen moved and K. Goebel seconded a motion on Resolution 2012-050: Change Order No. 1, General Construction Inc. pending approval by USDA-RD. Motion carried 5-0.

Resolution 2012-051: Services Agreement, Preferred Controls Inc.

Blommel recommended Council authorize staff to finalize and execute an agreement with Preferred Controls Inc. in the amount of $33,900 for installation of the telemetry (control) system in the 200,000 gallon water tank. Preferred Controls expects the project to take 60 days from the time the agreement is signed.

Hennen moved and K. Goebel seconded a motion on Resolution 2012-051: Services Agreement, Preferred Controls Inc. authorizing Blommel to finalize the term of the agreement and Holthaus and Worms to execute the agreement. Motion carried 5-0.

Public Works Report, Jon Stueve

Stueve was not present at the meeting.

City Clerk/Treasurer’s Report, Vicki Holthaus

Road Closure Permit – Schmidt, 3rd Street Northeast

Holthaus submitted a request to close a portion of 3rd Street Northeast October 6th, 2012. Council did not object to the closure providing the following terms be adhered to: certificate of insurance from applicant; Holthaus revise application form and require applicant to initial terms; and Holthaus will prepare and send a letter to neighbors informing them of the road closure.

Water Tower Fee – Commercial Properties

Holthaus explained that the water tower fee for commercial properties was based on an equivalent dwelling unit calculation. The initial rate was determined by the properties prior use and will be revisited annually. Holthaus said they had implemented an administrative process allowing for a property with a change in use to be recalculated once six months of use history was established.

Sprinkling Rates

Holthaus explained that a discount on sewer fees to account for summer outdoor water use had not been applied since 2009. Residents had questioned if the City would be applying “sprinkling rates” in recent weeks due to the increased need for lawn irrigation. Holthaus explained that an average could be applied based on winter usage or the Council could opt for sprinkling meters as a way to account for outside water use. Members C. Goebel and Worms felt the sprinkling meters were a more accurate way to account for outdoor water use. Residents would be charged full sewer based on their water use, unless they opted to have a sprinkling meter installed.

C. Goebel moved and Ritter seconded a motion to implement a sprinkling meter program. Motion carried 5-0.

Other

Holthaus recommended the Council include a contribution to the Initiative Foundation in the EDA’s 2013 operating budget. The Initiative Foundation has been responsive to Freeport’s request for assistance with recent economic development projects.

Holthaus encouraged the Council to bring forward “wish list” items to utilize the remaining grant proceeds from the USDA-RD funding package. Holthaus explained that a high-priority item for staff is funding for a feasibility analysis to study the cost of serving properties without water service and potentially partial funding for construction costs.

At 8:32 P.M. Worms moved and K. Goebel seconded a motion to adjourn the regular meeting. Motion carried 5-0.