The Hampton City Council met on Tuesday, May 13, 2014 at the Hampton City Hall for the regular scheduled meeting. Present were Mayor Skog; Council Members Jennifer Budrow, John Knetter, Ron Endres, and Amanda Jensrud. Also present were Marlin Reinardy, Water and Sewer Superintendent; Ben Gozola, City Planner; and Cory Bienfang with Bolton and Menk.
Regular Meeting called to Order - Mayor Skog called the Regular Meeting to order at 7:01 p.m.
Disclosure of Interest – Council Member Knetter stated that he would not participate in any discussion or decisions regarding the Water/Sewer Operator positions.
Approval of April 8, 2014 Regular Scheduled Meeting Minutes – Motion by Knetter seconded by Budrow to approve the April 8, 2014 Regular Meeting Minutes. All voted in favor. None opposed. Motion passed 5:0.
Approval of Disbursements – Wendy Carpenter, City Clerk stated that the disbursement to the Cannon Falls VFW for $404.00 was to purchase new flags for both the park and city hall. Carpenter informed the Council that Marlin Reinardy had inquired on making a donation to the City by purchasing the flag for City Hall and if anyone was interested in donating the flag at the park, they should contact her. Motion by Budrow seconded by Knetter to approve the May disbursements. All voted in favor. None opposed. Motion passed 5:0.
Public Comment – Teresa Dambowy spoke on her past participation in National Nite Out which promotes Minnesota crime prevention and explained that she was invited to attend a recent meeting on behalf of the City. Dambowy presented the Council a certificate that she had been provided at the meeting.
Petitions, Requests, and Communications - Council Member Jensrud stated that she had received inquiries from residents regarding mosquito spraying. Skog commented that he had seen the DNR out and about.
The Deputy Sherriff addressed the Council and felt that they had already sprayed in the rural areas.
Ordinances and Resolutions -
Ordinance 1113 - Rezoning Property Owned by Michael Preston from R-S to R-R - Ben Gozola, City Planner stated that the property in question was 6.12 acres and provided the Council a handout showing where the property was located. Gozola explained that the 2009 Comprehensive Plan shows that the low density residential areas located outside of R-S that would be considered a reserve urban service area where city water and sewer hookup may still be available should be rezoned to R-R. Ben stated that this issue was discussed back in 2011 and that the Council said that they would address the rezoning as property owners requested them to do so or as needed and as Preston has come forward at this time, the Planning Commission is recommending the rezoning. Knetter felt that before approving the rezoning that the City should research the documents used when the Heights of Hampton was developed making sure all were aware of the nearby gun club and sewer ponds and required them to sign off. Gozola confirmed that it was public record that these surrounding land uses exist and that it would make sense to use such documents in conjunction with developments and the creation of multiple lots and it could be considered if lots were ever to be developed in the future. Knetter inquired into the fees that were in place for a request such as this. The City Planner confirmed that fees were normally charged but as this rezoning should have actually taken place previously to be in compliance with the City’s Comprehensive Plan which is required by state statute in addition to the City deciding to wait until residents came forward and then address the issue as a City, applicable fees should be waived. Jensrud agreed that it was important to stay compliant with the Comprehensive Plan and also said that as a homeowner, she wouldn’t want to agree to pay for something that should have been done previously. Jensrud also explained that to stay compliant, either the rezoning would need to be approved or the Comprehensive Plan would need to be changed. Council Members Knetter and Endres both felt that they needed more discussion. David Luhring questioned if everyone that built in Hampton was supposed to be notified of the nearby conditions as he wasn’t. Knetter stated that it was something only included in the Heights of Hampton development due to the close proximity of the sewer ponds and gun club. Teresa Dambowy stated that a Public Hearing on the matter had been held and that everyone in attendance did indeed have a chance to voice concerns. Jensrud confirmed that there were not a lot of concerns and the biggest reason that the Planning Commission recommended the rezoning was that at this time the City was not following state statutes due to the fact that Hampton was not following their Comprehensive Plan. Motion by Jensrud seconded by Knetter to approve Ordinance 1113 The Rezoning of Preston Property from R-S to R-R. All voted in favor. None opposed. Motion passed 5:0.
Summary of Ordinance 1113 - Motion by Jensrud seconded by Knetter to approve Resolution 2014-03 The Publication of Ordinance 1113 by Summary. All voted in favor. None opposed. Motion passed 5:0.
Reports of Officers, Boards, and Committees
Engineer Report – Cory Bienfang with Bolton and Menk stated that the Minnesota Department of Health has approved the grant application and has awarded the City $5,780.00 to continue the exploration of the abandoned municipal well. Bienfang said that he has been in contact with the well contractor to schedule the work. Cory explained that the CDBG has recommended that Hampton be awarded $10,000.00 to update the Capital Improvement Plan and $5,000.00 for an Infrastructure Management Database and recommended meeting before the June City Council meeting to have a workshop to discuss general city planning and infrastructure maintenance. Council agreed to meet at 6:00 pm June 10. Carpenter confirmed that a notice of the workshop would be posted but didn’t need to be published. Bienfang introduced Dave Magnesun with Dakota County and requested he provide some information on the downtown contamination testing. Dave explained that he had professionals present to answer questions and address concerns including Cathy Undem with Dakota County, Mark Umbles with the MPCA, and representatives Julie and Tonya with Barr Engineering. Julie Sullivan with Barr Engineering provided an update on the Farmers Co-Op site investigation explaining that they had conducted sampling of ground water and gas soil samples in eight locations and there were some differences from previous sampling including no detection of TCE, but a similar compound. Dave assured the Council that gas levels were low enough that they wouldn’t affect re-development as it was common to put up vapor barriers but at the same time high enough where further evaluation is needed. Although there seems to be no immediate health risks, Dave said that since the findings have not been consistent they wanted to check on any potential long term risks. Skog inquired if there were any steps that could be taken to avoid these issues in the future. Dave recommended education on managing solvents and confirmed again that there shouldn’t be a big concern as the findings were inconsistent and felt that if there was more consistency it would probably be more serious. Mark with the MPCA commented on the spot where the highest level of the compound had been found stating that the screening value was higher than the MPCA standard but as the gas doesn’t last more than six hours once it hits the air, no immediate concerns were present but that further evaluation was necessary. Cathy Undem felt that they may have some answers in approximately three months. Bienfang inquired if there was anything the City could do to assist them in this process. Cathy requested anyone having information on the history of the area to let them know as that it could be beneficial.
Water / Sewer Report - Marlin Reinardy, Water and Sewer Superintendent stated that discharging went fine on May 2. Reinardy reported that there had been a problem with the lift station pump twice in the last month and chunks of concrete were found. ESI confirmed that their pump would not pick up something like concrete. Reinardy mentioned that it could be an issue with a manhole or, for example, a resident pulling up a floor. Marlin also stated that the high water alarms did go off due to heavy rain on May 5 and that everything was pumping as it should. Residents were reminded not to run sump pumps into the sewer as it could cause back-ups and was also against state statute. Reinardy stated that hydrants had been flushed and that one leaked at the Heights of Hampton and the one by the Schweich place shuts hard but opens fine. Also discussed was the #3 well and that the check valve in the water pit was not closing and the well had needed to be pulled up. Marlin explained they had found a bad pipe in the process and had heard some gurgling which was a sign of air. The plan was to return the one check valve that had been bought but not installed yet and replace the lower check valve that wasn’t closing which, after the valves were replaced, the issue should be resolved.
Park Report – Council Member Budrow asked for any suggestions on fixing the ice rink. Jensrud questioned if the snowplower that had damaged the boards would be replacing them. Budrow said that it was known that the walls had been getting bad and as the contractor had never submitted a bill for his services, felt that it was enough to cover damages. Jensrud did recommend checking on re-surfacing the area.
Street Report - Council Member Endres stated that the potholes were being addressed and that they will be repaired after it dries up a bit. Motion by Endres seconded by Jensrud to hire Bill’s Blacktop to make necessary repairs. All voted in favor. None opposed. Motion passed 5:0. Endres thanked Jensrud for her assistance and requested that she be appointed to Streets Department as she was more helpful than Skog. Budrow did not feel that the appointments could be changed after the beginning of the year Resolution had been approved. Jensrud offered to continue assisting Endres. Joyce Beissel requested that the street sweeping be posted on the streets next year to cut down on return trips needed to be made by the contractor. Steve Hamilton recommended that the area under water by Budrow’s on Main Street be addressed when possible.
Unfinished Business – Water / Sewer Update - Skog stated that he would work with the Clerks on comparing his calculations of overcharged accounts with theirs this week. Carpenter asked to see the calculations. Jensrud commented that this should have been addressed before this meeting. Skog stated that he had been busy but felt that the numbers provided by the Clerks were incorrect. Jensrud stated that three individuals went through two years of billing. Knetter stated that he had faith in Council Member Jensrud, the Deputy Clerk, and the City Clerk and didn’t feel it necessary to address this issue every month. Endres inquired as to how many hours have been spent on this issue. Carpenter confirmed that it was close to $1,000.00. Skog said that he would get together with the staff this month. Jensrud pointed out that the City had an experienced auditor as a Deputy Clerk. Skog said that he had worked on random accounts and would go over them with her and commented that it was a lot of work. Teresa Dambowy stated that Skog needed to step up and do his job in a timely manner. Skog mentioned that he only was paid about $800.00 a year as a public official. Jensrud commented that being an elected official was not about the money. Knetter felt that the numbers provided by the Clerk and staff were correct. David Luhring recommended ending this discussion tonight. Teresa Dambowy suggested taking a break from the meeting and looking at the calculations. Knetter stated that it had already been gone over and gone over again. Carpenter stated that her calculations were in hand and felt the numbers were correct. Jensrud mentioned that Skog had failed to provide his calculations for months. Budrow recommended allowing Skog to meet with the Clerks to review the calculations. Steve Hamilton said that everyone seemed to be agreement with the decision to credit the accounts and close the issue and that there were other things that needed the City’s attention. Skog insisted that the City needed to get this straight and give people back their money. Budrow said that she thought credits had already been approved. Motion by Knetter seconded by Endres to credit the accounts overcharged per the Clerk’s office calculations and end the discussion on the issue. Knetter, Endres, and Jensrud voted in favor. Skog and Budrow opposed. Motion passed 3:2.
Weed Control 2014 - Budrow stated that Ottomatic had declined the contract and confirmed with the City Clerk that all contractors had a license from the Department of Agriculture. Carpenter stated that Anderson had dropped his off and Green Companies e-mailed her theirs. Jensrud questioned why they would have to provide all information if not awarded the contract. Budrow stated that she had requested Carpenter to obtain that information. Skog asked if Anderson would bundle his services or do anything better for the city. Budrow commented that he would probably need to stay within his quote. Knetter commented that Green Companies were about $500.00 less. Marlin Reinardy mentioned that he wasn’t real impressed with the service provided by Green last year. Motion by Skog seconded by Knetter to award the weed control contract to Anderson Lawncare. All voted in favor. None opposed. Motion passed 5:0.
New Business – Policy on Delinquent Water / Sewer Accounts - Skog inquired as to who had wanted the discussion. Council confirmed that he had requested it be put on the agenda. Skog asked to skip over the agenda item.
Resignation of Bill Bray - Motion by Knetter seconded by Jensrud to accept Bill Bray’s resignation. All voted in favor. None opposed. Motion passed 5:0.
Water / Sewer Operator Position - Carpenter confirmed that five applications for the Water/Sewer Positions were received and that they would be placed in the Council office for examination. Wendy suggested Marlin Reinardy assist with interviews as he was familiar with qualifications needed. Skog and Endres volunteered to conduct the interviews.
Planning Commission Training - Jensrud requested the approval of the Planning Commission training available on land use basics and creating the ground rules which would cost a total of $300.00 for all members. Motion by Knetter seconded by Endres to approve the training. All voted in favor. None opposed. Motion passed 5:0.
Approval of PITS Program 2014 - Motion by Knetter seconded by Budrow to approve the PITS Program 2014. All voted in favor. None opposed. Motion passed 5:0.
Adjournment - Motion by Jensrud seconded by Knetter to adjourn the meeting. All voted in favor. None opposed. Motion passed 5:0. The meeting adjourned at 8:30 p.m.
Respectfully submitted, Wendy Carpenter