City of Hampton

5265 238th Street East • P.O. BOX 128 • Hampton, MN 55031 • United States of America • 651.437.8846

Hampton City Council Meetings Happen Every Second Tuesday of the Month.


Thursday, June 11, 2015

Hampton City Council Regular Meeting Minutes for May 12, 2015

The Hampton City Council met on Tuesday, May 12, 2015 at the Hampton City Hall for the regular scheduled meeting. Present were Mayor Skog; Council Members John Knetter, David Luhring, Jerry Huddleston, and Amanda Jensrud. Also present were Maren Swanson, City Attorney; Chris Meyer, City Treasurer; Cory Bienfang, City Engineer; Laura Chamberlain, City Planner with Sambatek; and Marlin Reinardy, Water and Sewer Superintendent. 

Regular Meeting called to Order - Mayor Skog called the Regular Scheduled Meeting to order at 7:01 p.m. 

Disclosure of Interest – None 

Approval of April 14, 2015 EDA and Regular Scheduled Meeting Minutes – Motion by Jensrud seconded by Knetter to approve the April 14, 2015 EDA and Regular Scheduled Meeting Minutes. All voted in favor. None opposed. Motion passed 5:0. 

Approval of Disbursements – Motion by Knetter seconded by Luhring to approve the May disbursements. All voted in favor. None opposed. Motion passed 5:0. Motion by Luhring seconded by Jensrud to approve John Knetter’s May disbursement. All voted in favor. None opposed. Motion passed 4:0. Knetter abstained from voting. 

Public Comment – None 

Petitions, Requests, and Communications - Knetter reviewed with the Council, quotes collected to restore the yard in the Heights of Hampton affected by the fall water main break and explained that two had been submitted and the lowest quote was by Hedlund Irrigation for $1,290.00. Council agreed to allow Hedlund to obtain a couple more yards of black dirt then quoted if they find it necessary. Motion by Knetter seconded by Huddleston to hire Hedlund to restore and repair the yard damaged by the water main break. All voted in favor. None opposed. Motion passed 5:0. 

Ordinances and Resolutions 
Ordinance 1115-ReZone Parcels to Comply with Comprehensive Plan - Laura Chamberlain, City Planner with Sambatek stated that the Planning Commission requested to consider the rezoning of several parcels in the City as designated in the implementation section of the comprehensive plan and after a public hearing was held on March 26, they had requested that additional information be provided at the April 23 meeting where it was determined that along with the City Attorney and the City Planner that the Planning Commission’s recommendation was to rezone the parcels within the City to comply with the plan. Chamberlain provided a background on the issue including the decision made by the City Council in 2011 that a majority of the plan’s implementation items had been addressed simply through the Council’s consideration and that the implementation of the rezoning would be accomplished on an as requested basis by the land owners. Laura explained that in 2014 the first request was received and the Planning Commission at that time felt the City should be following the comprehensive plan. Laura pointed out the plan’s key notes that pertained to the rezoning which were R-S parcels outside of the Urban Service Area to be rezoned R-R; R-G parcels outside of the Urban Service area to be rezoned R-R; and parcels with split zoning to be rezoned to have only one zone which would be the most restrictive. The City Planner explained that the Planning Commission was recommending that the current method of rezoning on an as requested basis be changed and that the rezoning be approved at this time to be in compliance with the comprehensive plan as required by state statute. Maren Swanson, City Attorney stated that if the City did not follow state statute and come into compliance, that they could open up litigation by property owners which could prove to be very costly to the City. Chamberlain confirmed that the development process would stay the same and that all existing structures would be able to continue. Jensrud stated that there was an option to change the comprehensive plan but as the plan was up for renewal in a few years, the Planning Commission did not recommend that option but did feel that any rezoned properties could be reviewed at the time the plan was. Knetter was concerned with the development process and explained, for example, R-R could have two acre lots each with their own individual septic and well. Jensrud confirmed that if someone requested the rezoning as Preston did, the City would legally have to abide at this time. Skog mentioned rezoning all parcels to R-S. Jensrud commented that if the parcels were kept as is, the City may need to provide the water / sewer hook-ups where they are not at this time. Knetter felt the language states that hook-ups must be available, but that the City wouldn’t necessarily have to fund that service. A representative of WLT & Associates stated that they were not in favor of the rezoning as they had been assessed for water and sewer recently and if the zoning was changed he wouldn’t be able to use the services. Laura confirmed that the development process would stay the same and as long as the services or an extension would be accessible there would be options as well as if there would ever be a need to change the zoning back, all requirements and public hearings needed for the process could be kept as compact as possible and fees waived. 
Luhring questioned what type of penalty the City would be looking at if they did not follow the comprehensive plan at this time. Swanson confirmed that there was no penalty other than the courts can order you to comply with the law and to avoid lengthy lawsuits you need to be compliant. Huddleston agreed that litigation could be very expensive and that the City should avoid any liability and although the comprehensive plan was soon due to be redone; it does take some time to bring all public comment in for consideration. Skog felt that as the plan was up for renewal soon that the City could look at these issues at that time. Laura commented that it may be a good idea to address some of these issues before that time comes. Jensrud agreed that the City should bring the zoning into compliance with the plan as required by state statute. Knetter said he was hesitant but did place high value on the staff’s opinions as they were professionals and felt that the City should be compliant and also confirmed that it would not be difficult to work with property owners in the event that the zoning would need to be changed back for development reasons. Motion by Huddleston seconded by Jensrud to approve Ordinance 1115 Rezoning Multiple Parcels to Comply with the Comprehensive Plan. Knetter, Luhring, Huddleston, and Jensrud all voted in favor. Skog opposed. Motion passed 4:1. 

Resolution 2015-04 - Motion by Knetter seconded by Huddleston to Authorize the Publication of Ordinance 1115 by Title and Summary. All voted in favor. None opposed. Motion passed 5:0. 

Reports of Officers, Boards, and Committees 

Engineer Report – Cory Bienfang, City Engineer explained that quotes were being collected for the Main Street drainage repair and he had planned to bring them to the meeting but due to a software glitch, would have them ready for discussion at the June City Council meeting. Bienfang wanted to touch on a couple of points regarding the Right-of-Way permit recently put in place by the City and confirmed that all work should require an application but wanted to clarify that the City can use discretion when applying fees. Cory explained that the main purpose for the permit requirement was to verify that the City is informed of work being done and that there is a difference between a contractor just accessing a pedestal for a new service verses a project running a hundred feet and recommended notices be sent to local utility companies. 

Water / Sewer Report - Marlin Reinardy, Water and Sewer Superintendent provided a report in Dan Hines’ absence and confirmed with John Knetter that the hydrant flushing went fine. Reinardy stated that discharging had started and the preliminary tests on the ponds had come back good. Marlin explained that there was a phosphorus reduction plan application required by September 15 and that he would be working on obtaining a 1 percent or less where as we are currently at about 2.4 percent. 

Park Report – Huddleston announced that the City had received information confirming that Hampton was awarded the CDBG grant for $3,000.00 in park planning funds. Skog explained that he had scheduled Sentence to Serve to come in to Hampton the weekend of May 16 to paint the hydrants, rink, and pavilion and said he would be picking up supplies. 

Street Report - Luhring confirmed that the street sweeping was completed and Allied had done a good job. Bienfang and Luhring mentioned that they had marked some spots that needed to be addressed now that the patching and crack sealing project had started and explained that additional patch would be needed resulting in approximately $3,000.00. The project was planned to be completed the first week in June. 

Unfinished Business – None. 

New Business - 
Hampton Community Days Donation - Skog requested the City donate to this year’s Hampton Community Days and had figured approximately $485.00 would cover a couple of bouncy houses. Jensrud commented that last year the City Council was faced with the same request and that again there was a lack of specific information and felt there was a lack of time for consideration as well. Skog stated that if the City could give money to the Fire Department for Breakfast with Santa, that they could give a donation to this event also. Knetter confirmed that no money went to the Fire Department but instead paid an individual for a specific activity. Huddleston felt that the Fire Department provided an essential service where, perhaps Hampton News didn’t. Maren Swanson, City Attorney could not give authorization for such a donation and stated that funding for an event is only allowed in very limited situations such as an organization providing a fair, a historical event as a centennial, or free musicals. Jensrud confirmed that this type was not authorized by state statute. Council agreed that it is a good event for the area youth and Luhring along with Huddleston would research any options available to help fund the event if a legal avenue exists. 

Snowplowing Contract - Knetter requested approval to work with Luhring on options to re-define the city snowplowing contract and request the quotes be submitted in costs per snow event or per inches of snow verses an hourly cost. Jensrud suggested checking on monthly fees as well. Council agreed in researching different options. 

Conduit Issuer Discussion - City Council discussed a request received by Augustana Care in Hastings to serve as a conduit issuer for a tax exempt bond in the amount of approximately $7,500,000.00 and the City would be paid a $10,000.00 fee for that service. Chris Meyer, City Treasurer explained that the City had served in the role previously and is in no way obligated for the payment of the bond but a public hearing is required before the City could proceed. Motion by Knetter seconded by Huddleston to approve Resolution 2015-05 Calling for a Public Hearing at the Appropriate Time to Proceed with the Process of Being a Conduit Issuer for Augustana Care. All voted in favor. None opposed. Motion passed 5:0. 

Civil Defense Designation - Skog said that as Joe Wagner had moved out of the city limits, he had recommended John Budrow to take over the Civil Defense Department. Skog explained that Budrow had been trained in and that he was Wagner’s back-up. Jensrud stated that Jim Heiman, Fire Chief had suggested John Knetter for the role. Huddleston asked for Knetter’s thoughts on the issue. Knetter confirmed that Heiman had asked him to accept the position, but he was fine with whatever the Council decided. Motion by Skog seconded by Huddleston to appoint John Budrow as head of Civil Defense. Luhring, Skog, and Huddleston voted in favor. Knetter abstained from voting. Jensrud refrained from voting due to lack of consideration to the Fire Chief’s recommendation. Motion passed 3:0. Paul Steinbruckner agreed to provide back up when needed. 
Skog questioned Marlin Reinardy if metering was being done on all of Standard’s water use. Reinardy confirmed that it was and felt that the City had missed an opportunity to swap out services for street sweeping with Standard. Luhring stated that Standard had failed to return phone calls on the issue. 

Adjournment - Motion by Knetter seconded by Huddleston to adjourn the meeting. All voted in favor. None opposed. Motion passed 5:0. The meeting adjourned at 8:36 p.m. 
Respectfully submitted, Wendy Carpenter