The Hampton City Council met on Tuesday, September 8, 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 was Marlin Reinardy, Water and Sewer Superintendent; and Chris Meyer, City Treasurer.
Regular Meeting Called to Order - Mayor Skog called the Regular Scheduled Meeting to order at 7:02 p.m.
Disclosure of Interest – None.
Approval of August 11, 2015 Special Meeting and Regular Scheduled Meeting Minutes – Motion by Knetter seconded by Jensrud to approve the August 11, 2015 Special Meeting and Regular Scheduled Meeting Minutes. All voted in favor. None opposed. Motion passed 5:0.
Approval of Disbursements – Motion by Luhring seconded by Jensrud to approve the September disbursements excluding John Knetter‘s. All voted in favor. None opposed. Motion passed 5:0. Motion by Jensrud seconded by Luhring to approve John Knetter’s September disbursement. All voted in favor. None opposed. Motion passed 4:0. Knetter abstained from voting.
Public Comment – Skog extended his sympathy to the family of Dave Erickson and commented on how he had been an asset to the City of Hampton.
Petitions, Requests, and Communications - Council agreed to meet on December 8, 2015 at 6:30 p.m. before the regular scheduled meeting for the final approval of the levy.
Ordinances and Resolutions
Ordinance 1116 - Expanding Conditional Residential Uses in the CBD Zoning -
Ben Gozola, City Planner reported that the City had been petitioned by Janet Otte to consider an amendment to the City Code to conditionally allow residential uses on the first floor of buildings in the Central Business District as she was seeking to convert a portion of the first floor at 23250 Main Street to residential. Gozola explained that at this time the code only allows residential on second and third floors and the amendment would allow some flexibility for residential use on ground floors when certain conditions are met such as: the square footage shall not exceed 50% of the gross floor area; the area of commercial uses shall be 500 square feet or more on the first floor; and residential uses on the first floor shall not include frontage along Main Street or Water Street. Ben recommended the amendment as he felt that this would expand the allowance of residential uses in downtown, which is a main goal of the Comprehensive Plan, while ensuring the preservation of commercial spaces along the street frontages. Gozola confirmed that after a public hearing was held on August 27, the Planning Commission voted to recommend approval of the proposed text amendment to the City Code. Skog confirmed with Otte that she would not be evicting or raising the rent of any current tenants at the property in question. Knetter stated that the text amendment would create non-conforming residentials that now exist. Gozola explained that those residentials are legal non-conforming at this point and nothing would change. Luhring confirmed that per state statute, if the current use would be discontinued for more than one year the property owner would be required to conform but if the legal non-conforming use was consistent, the property would be grandfathered in and fine as is. Huddleston felt that the first floor should be reserved for commercial and was concerned the City may be limiting themselves. Jensrud commented that this could benefit the City as it would open up commercial operating opportunities by allowing residential in a portion of the buildings while still being protected by the 50% maximum allowance condition that would be in effect. Knetter was concerned with Water Street as it was zoned commercial but current residential uses are legal non-conforming today and was not in favor of creating an ordinance that states that they are still non-conforming. Gozola confirmed that residential on the street side would continue to be legal non-conforming and that this text amendment would not restrict anything, but open additional options. Motion by Skog seconded by Jensrud to approve Ordinance 1116 Expanding Conditional Residential Uses in the CBD. Luhring, Skog, Huddleston, and Jensrud voted in favor. Knetter opposed. Motion passed 4:1.
Ben Gozola, City Planner reported that the City had been petitioned by Janet Otte to consider an amendment to the City Code to conditionally allow residential uses on the first floor of buildings in the Central Business District as she was seeking to convert a portion of the first floor at 23250 Main Street to residential. Gozola explained that at this time the code only allows residential on second and third floors and the amendment would allow some flexibility for residential use on ground floors when certain conditions are met such as: the square footage shall not exceed 50% of the gross floor area; the area of commercial uses shall be 500 square feet or more on the first floor; and residential uses on the first floor shall not include frontage along Main Street or Water Street. Ben recommended the amendment as he felt that this would expand the allowance of residential uses in downtown, which is a main goal of the Comprehensive Plan, while ensuring the preservation of commercial spaces along the street frontages. Gozola confirmed that after a public hearing was held on August 27, the Planning Commission voted to recommend approval of the proposed text amendment to the City Code. Skog confirmed with Otte that she would not be evicting or raising the rent of any current tenants at the property in question. Knetter stated that the text amendment would create non-conforming residentials that now exist. Gozola explained that those residentials are legal non-conforming at this point and nothing would change. Luhring confirmed that per state statute, if the current use would be discontinued for more than one year the property owner would be required to conform but if the legal non-conforming use was consistent, the property would be grandfathered in and fine as is. Huddleston felt that the first floor should be reserved for commercial and was concerned the City may be limiting themselves. Jensrud commented that this could benefit the City as it would open up commercial operating opportunities by allowing residential in a portion of the buildings while still being protected by the 50% maximum allowance condition that would be in effect. Knetter was concerned with Water Street as it was zoned commercial but current residential uses are legal non-conforming today and was not in favor of creating an ordinance that states that they are still non-conforming. Gozola confirmed that residential on the street side would continue to be legal non-conforming and that this text amendment would not restrict anything, but open additional options. Motion by Skog seconded by Jensrud to approve Ordinance 1116 Expanding Conditional Residential Uses in the CBD. Luhring, Skog, Huddleston, and Jensrud voted in favor. Knetter opposed. Motion passed 4:1.
Resolution 2015-07 - Approving the 2015 Tax Levy
Motion by Knetter seconded by Jensrud to Approve the 2015 Tax Levy. All voted in favor. None opposed. Motion passed 5:0.
Reports of Officers, Boards, and Committees
Engineer Report – Marlin Reinardy provided an update on the abandoned well project in Cory Bienfang’s absence. Reinardy confirmed that the MDH was requiring this well be dug out and sealed and that there were not a lot of options available as the back of the old city hall would need to be cut out to provide the drilling. Marlin said that three proposals had been considered with the most practical and least expensive one being the option to install an exit door after the project is complete.
Water / Sewer Report - Marlin Reinardy, Water and Sewer Superintendent stated that the treatment of algae at the ponds was working and that the phosphorous level was at 1.2 which was good. Jensrud confirmed with Reinardy that the discharge would take place the month of October and the total process would take approximately three weeks. Reinardy said that the new Water / Sewer Operator, Josh Dixon, was being trained and seemed to be very interested in the work and was doing a good job. Marlin thanked Dan Hines for his service over the past year. Reinardy mentioned that he was scheduled to attend a MDH class and a water / sewer class sponsored by MN Rural Water over the course of the next month. Jensrud confirmed that funding for the classes came directly from the Water and Sewer funds. Reinardy also stated that the quarterly water tests had come back very good.
Park Report – Huddleston explained that the CDA was collecting quotes for the Park Plan Update Project and hoped to be able to award the project at the October meeting. Skog recommended that Huddleston check with area residents on what they wanted to see done in the parks. Huddleston stated that an open house was part of the plan update process.
Street Report - Luhring confirmed that the Main Street project had been completed and that he had been monitoring the area and it seemed to be draining well. Luhring provided the Council with the updated snow removal quote form asking for per event costs verses hourly rates. Skog questioned where the salt would be stored. Knetter said that the average trip to pick up salt/sand should be only for the immediate use. Council agreed to advertise the notice for snow removal services in the Cannon Falls Beacon legal section for two weeks as well as on the League of Minnesota Cities website.
Unfinished Business – None
New Business -
Planning Commission Training - Jensrud explained that there were two training opportunities coming up that would be beneficial to the Planning Commission including Beyond the Basics of Planning and Comprehensive Planning and recommended sending one Commissioner to Beyond the Basics and two Commissioners to the Comprehensive Planning. Motion by Knetter seconded by Skog to allow three Planning Commissioners to attend training. All voted in favor. None opposed. Motion passed 5:0.
Planning Commission Training - Jensrud explained that there were two training opportunities coming up that would be beneficial to the Planning Commission including Beyond the Basics of Planning and Comprehensive Planning and recommended sending one Commissioner to Beyond the Basics and two Commissioners to the Comprehensive Planning. Motion by Knetter seconded by Skog to allow three Planning Commissioners to attend training. All voted in favor. None opposed. Motion passed 5:0.
Adjournment - Motion by Knetter seconded by Jensrud to adjourn the meeting. All voted in favor. None opposed. Motion passed 5:0. The meeting adjourned at 7:46 p.m.
Respectfully submitted, Wendy Carpenter