The Hampton City Council met on Tuesday, September 9, 2014 at the Hampton City Hall for the regular scheduled meeting. Present were Mayor Skog; Council Members Jennifer Budrow, John Knetter, and Amanda Jensrud. Council Member Ron Endres was absent. Also present were Marlin Reinardy, Water and Sewer Superintendent; Chris Meyer, City Treasurer; David Luhring, Planning Commissioner; Linda Holty, Deputy Clerk; 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 had applied for the Water and Sewer Operator position and would recues himself from any decisions made regarding the subject.
Approval of August 13, 2014 Special Meeting and Regular Scheduled Meeting Minutes – Motion by Jensrud seconded by Budrow to approve the August 13, 2014 Special Meeting and Regular Meeting Minutes. All voted in favor. None opposed. Motion passed 4:0.
Approval of Disbursements – Motion by Budrow seconded by Jensrud to approve the September disbursements. All voted in favor. None opposed. Motion passed 4:0.
Public Comment – None
Petitions, Requests, and Communications - Council agreed to meet at 6:30 p.m. on Tuesday, December 9, 2014 before the regular scheduled meeting to discuss the final approval of the 2014 tax levy.
Mayor Skog recommended that the Council decide if the City should go out for bids or quotes for the snowplowing services needed in 2014/2015. Wendy Carpenter, City Clerk confirmed that the City had entered into a two year agreement with Supreme Landscaping last year.
Ordinances and Resolutions
Resolution 2014-06 - Approving the 2014 Tax Levy - Motion by Budrow seconded by Knetter to Approve the 2014 Tax Levy, Collectible in 2015. All voted in favor. None opposed. Motion passed 4:0.
Reports of Officers, Boards, and Committees
Engineer Report – Cory Bienfang with Bolton and Menk provided an update on the Main Street drainage issue to the Council and explained that he had prepared a quote package to reconfigure the stretch where the new and old meet so that the water would flow to the west and planned to grad in a ditch system with a small section of storm sewer. Bienfang felt that this could be a less expensive option than those previously discussed, approximately $15,000.00. The deadline for quotes was set for September 12 at 12 noon and the City would approve the lowest quote received. Knetter felt that it was a lot to pay for something that would be only temporary, as that 200 foot stretch would be addressed again when that area would be improved in approximately five years. Cory mentioned that the quotes received would hopefully come in lower than his estimate. Bienfang commented that at the last month’s Council meeting the decision was made to wait on seal coating but to go ahead this year with crack sealing in the areas of Heights of Hampton and FESBA. Cory explained that one contractor had felt that there were too many cracks to warrant just the sealing process. Bienfang disagreed and felt that the condition was still good and that crack sealing was exactly what was needed with perhaps spot pavement repair. Council decided to wait until early spring to prepare a quote package as it was getting late in the year. Cory reminded the Council that it was important to follow the CIP and stay organized and on top of projects to avoid last minute decisions.
Water / Sewer Report - Marlin Reinardy, Water and Sewer Superintendent explained that he had been working with Seth Peterson with Bolton and Menk on the algae problem out at the ponds and although he had sent in samples for testing from both the cells and ESI he had not heard any results yet. Reinardy mentioned that the DO and PH meters had been ordered and he had also been working on collecting information for the GIS. Marlin confirmed that the water tower was being painted this week and that pressure could be increased a bit due to the bypass that needed to take place during the process. David Luhring inquired as to how long this task would take. Marlin felt that it would last approximately ten days.
Parks Report - Budrow stated that she had worked with Anderson on weed and mowing issues and confirmed that they had met with Biessels and addressed their concerns as well. Budrow explained that she was in the process of setting up an appointment to discuss ice rink repairs. Skog confirmed with Budrow that Anderson had started working on the area that needed to be addressed at the Heights of Hampton. Marlin Reinardy commented on the new updated panel installed at the brown building and explained that now the old city hall could have separate electricity set up in case future use would require such.
Street Report - See Engineer’s Report above.
Unfinished Business – Water / Sewer Operator Position- Skog said that he had talked to Dan Hines and confirmed that he was still interested in the Water/Sewer position. David Luhring, Planning Commissioner asked to address the Council and explained that after reviewing the meeting minutes and the employment legal firm’s opinion on hiring a Council Member for the Water/Sewer Operator position, it was his understanding that as long as the position was part-time and the individual would report to a superintendent that this should not be an issue. Marlin Reinardy stated that as he would need to stay involved for licensing purposes, he would consider remaining the superintendent to create the buffer required to hire John Knetter. A resident that lived next to the lift station commented that when the alarm would go off, night or day, Reinardy was always on the job and as he was very knowledgeable, the Council should consider his recommendations. Skog made a motion to hire Dan Hines. Jensrud said that she would feel comfortable hiring both Hines and Knetter as Marlin would be staying on so that they could both report to him. Reinardy confirmed that he always received approval from the Council Member in charge of the water/sewer before spending city funds, even in an emergency situation. Skog said that Knetter could have the job if he steps down from the Council. Marlin said that Knetter had actually been hired back in 2006 as Water/Sewer Assistant but had never turned in any of his time. Skog said that at the last Council meeting, the City Attorney said that it was strictly illegal. Reinardy pointed out that it was never mentioned that it was illegal but was a question of compatibility and stressed that the Council needed to make a decision on this subject as he was now down to two months of training time and it just wouldn’t be long enough unless someone with Knetter’s experience was hired. Jensrud did agree with Reinardy and felt that two people were needed in case of illness or family emergencies that may come up. Budrow commented that this issue could have been settled much earlier but Council agreed to go out for four different legal opinions. Skog felt that all the opinions were the same saying that this situation would be illegal. Reinardy requested Skog read aloud the opinion of one attorney stating that if a part time water/wastewater operator would report directly to a water superintendent that he would be able to hold both City Council and water/wastewater positions. Skog said that the new attorney has said that the superintendent would need to have the power to hire and fire the employee, which at this point only the Council has that power. Budrow read the attorney memo stating that as the position of water/wastewater superintendent had the authority to make independent decisions that it would be incompatible for a Council Member to hold the position. Jensrud confirmed that Marlin does not have the authority to make independent decisions and would need approval from the water/sewer commissioner or department head in the event of an emergency and if Knetter was hired, in turn, someone other than him would be appointed to head of the water/sewer department. Jensrud said again that she would be comfortable hiring both Hines and Knetter if they reported to Reinardy per specifics in the attorney’s memo. Residents that were present at the meeting voiced their agreement with Jensrud as Hampton was a small town and they preferred the operator positions be held by someone in town and felt that Knetter was qualified and should be hired along with someone else and that the other individual could do the reporting to the council and that with Marlin’s reputation and how long he has been working for the City, the Council should take his recommendations seriously. Chris Meyer, City Treasurer explained that as far as the budget was concerned, the general budget could be discussed and levy voted on by Knetter as the water and sewer funds had no affect on the levy and were enterprise funds which had no bearing on the general fund. Reinardy mentioned other instances of two positions being held for example the Fire Chief and Mayor in Miesville so it may be a case study that had been researched but not a state statute as there was no statute anywhere that stated this situation was illegal. Jensrud confirmed that there were originally two different legal opinions given and felt that she had every right to request a third in that case and stated that two employees could be hired under Reinardy and next year when Marlin steps down, if the Council is told that it would be illegal to hold both the City Council position and Superintendent position, Knetter would have to choose between the two. Skog felt that the situation may work if Knetter was not hired as the lead and both Knetter and Hines would report to Reinardy. Motion by Skog seconded by Budrow to hire Dan Hines. All voted in favor. None opposed. Motion passed 3:0. Motion by Jensrud seconded by Skog to hire John Knetter as assistant water/sewer operator under the conditions that Knetter relinquish the water/sewer commissioner position to Jensrud and that he would abstain from voting on all water/sewer issues. Jensrud and Skog voted in favor. Budrow opposed. Motion passed 2:1.
New Business
Unleashed Dogs - Cindy Anderson expressed her concerns with the unleashed dogs running free within the City as she had witnessed a dog knock down a woman walking along the street and explained the same dog had charged herself and that it was not right that people living in Hampton were actually afraid to go outdoors at times. Anderson read the state statute regarding dangerous dogs and pointed out that they need to registered, contained, and that posting was also required. Cindy inquired what she should do in the case of a dog attack. Jensrud stated that she had checked on options with the Deputy and directed her or any resident to call the Sherriff’s Department and take pictures if there was an opportunity to do so. Anderson requested that the Clerks be informed of how to handle these complaints as well as, perhaps, mail out the state statute to residents that do not follow the ordinance on the leash law. Joyce Beissel agreed that it was a problem and some children were scared to walk in the City. Linda Holty, Deputy Clerk stated that if a resident has an issue with a dog, she can check on current licensing. Holty also stated that if there is a problem, individuals can call City Hall or 911 directly to report the situation.
Property Line Confirmation- Victor Anderson explained that during the Water Street project some years ago, his property stakes were removed and after the project was completed he was told by the City Engineer that they would be replaced but never were. Anderson stated that he was quoted $250.00 to have a survey done by a contractor that he knew. Cory Bienfang commented that $250.00 was a very reasonable price. Motion by Skog seconded by Jensrud to allow Anderson to submit a bill from his contractor to the City for payment in the amount of $250.00. Skog, Budrow, and Jensrud voted in favor. Knetter was opposed stating he felt that Bolton & Menk should conduct the survey. Motion passed 3:1.
Planning Commission Resignation - Motion by Knetter seconded by Budrow to accept Teresa Dambowy’s resignation from the Planning Commission. All voted in favor. None opposed. Motion passed 4:0.
Adjournment - Motion by Jensrud seconded by Skog to adjourn the meeting. All voted in favor. None opposed. Motion passed 4:0. The meeting adjourned at 8:47 p.m.
Respectfully submitted, Wendy Carpenter