Hampton City Council Regular Meeting Minutes for June 8, 2021

The Hampton City Council met on Tuesday, June 8, 2021 at the Hampton City Hall for the regular scheduled meeting. Present were Mayor John Knetter; Council Members Cindy Flodeen, David Luhring, and Anthony Verch. Also present was Marlin Reinardy, Water/Sewer Superintendent; Brad Fisher with Bolton and Menk; and Jesse Gesme of 23215 Hampton Blvd.

Regular Meeting called to Order - Mayor Knetter called the Regular Scheduled Meeting to order at 7:00 p.m.

Disclosure of Interest – None.

Approval of May 11, 2021 Regular Scheduled Meeting Minutes – Motion by Luhring seconded by Flodeen to approve the May 11, 2021 regular scheduled meeting minutes. All voted in favor. None opposed. Motion passed 4:0.

Approval of Disbursements – Motion by Flodeen seconded by Luhring to approve the June disbursements. All voted in favor. None opposed. Motion passed 4:0.

Public Comment – None.

Petitions, Requests, and Communications:

A request was made by Councilor Luhring to add to New Business that there be further discussion of the new No Parking signs that will be installed, and the means by which enforcement will be handled. Motion by Verch seconded by Flodeen to add parking sign discussion to the agenda under New Business. All voted in favor. None opposed. Motion passed 4:0.

Ordinances and Resolutions – Resolution 2021-05 – Participate in Dakota County All-Hazard Mitigation Planning Process – Knetter explained that the benefit to the City is that it provides joint powers in the event of a disaster, and also provides an incentive for the City to update its disaster recovery plan. Motion by Verch seconded by Luhring to approve Resolution 2021-05 to participate in the Dakota County All-Hazard Mitigation Planning Process. All voted in favor. None opposed. Motion passed 4:0.

Reports of Officers, Boards, and Committees:

Engineer Report – Brad Fisher with Bolton and Menk updated the Council on the Main St. back-up generator project. The generator is installed and fully commissioned. There was a meeting on site with City staff this past Friday to go over maintenance and operation of the facility. Also present at the meeting were the supplier and project manager. User Manuals for the generator were received and distributed to City staff. The project is essentially complete, but still have some punch list items to take care of, such as restoration of the site and miscellaneous paperwork that needs to be done to close out the contract. If all items are completed before the next Council meeting, a final invoice would be submitted for payment and paperwork would be signed to close out the project.

The second item to update is the water tower replacement project and potential funding options. At last month’s meeting Council asked Fisher to contact the State Historic Preservation Office (SHPO) to get clarification regarding whether or not SHPO would have any involvement with regard to the water tower replacement. Fisher did contact SHPO and was told that, if the project is 100% locally funded, then there is no need for SHPO involvement and no need for an Environmental Review related to the project. However, if federal funds and/or state grants are used for the project, then SHPO would have input on the project. Fisher continued that, if we want to keep our funding options open, taking the next step and reaching out to SHPO to find out what their requirements would be, would not mean that the City would be required to go beyond that to the next step, which would be the Environmental Review. Fisher was asked what the cost would be to take the next step in reaching out to SHPO. He stated that it would just be the cost of Bolton & Menk Cultural Resources Group staff time to prepare a report submission to SHPO. Fisher mentioned that he had discussed with his Cultural Resources Group the time that would be involved in the preparation of the report, and they thought it could be done in less than one day’s time. However, he mentioned that there is a very long lead time on this, as from the time of report submission to when Bolton & Menk would hear back from SHPO would be approximately two months. Luhring stated that he feels the City needs to keep its options open because he doesn’t feel it would be possible to fund the project locally.

Verch asked about the process of doing the environmental review, and wondered if the City could acquire some state or federal funding for that. Fisher responded by saying that the review would involve fish and wildlife agencies and that, for these types of agencies, the process would go much more quickly, at possibly a 3 to 6-month timeframe, whereas with SHPO, the process may take up to 18 months. So, it is much more important, at this point, to initiate the process by reaching out to SHPO because they likely will have the most regulations that will need to be dealt with. In reference to the historical significance of the existing tower, Fisher explained the process used by SHPO to look at how many similar towers are in existence within a certain radius of the City’s. Discussion ensued regarding timeframes, the interpretation of the historic designation of the water tower, and options available to deal with SHPO regulations. Council unanimously directed Fisher to proceed with reaching out to SHPO.

Water / Sewer Report

Marlin Reinardy, Water/Sewer Superintendent, began by stating that he is still working on the replacement of the solenoid valve on the #2 well. He feels that the body of the valve is in good shape, and that it is the solenoid itself that is the problem. He plans to take the unit to a supplier to see if it needs to be replaced. If a plumber is needed for the repair, Reinardy has someone in mind that he thinks he can work with on this.

For sewer-related items, Reinardy mentioned that they are currently transferring waters between ponds. He contacted the Minnesota Rural Water Association (MRWA), about measuring the sludge because it’s been a year since the sludge reduction process began with the use of chemicals purchased from State Chemical Solutions. He hasn’t heard back from them yet, so will follow up so that the measurement can be done yet in June so that it can be determined whether or not the reduction process is working. Reinardy plans to report on this at the July Council meeting.

Park Report – Verch mentioned that it was reported to him that there are 3 or 4 dead trees by the home dugout at the ballfield. He did check on them and said there are leaves missing on the tops of the trees. He contacted a couple of contractors to get estimates of what it would cost to remove and replace the trees. Verch further reported that there are some weeds on the softball field by the Black Stallion but, because of the heat, chemicals won’t work right now, so they will be mowed and sprayed when weather conditions improve. Verch also checked on the status of the chips in the parks. He feels that there is an adequate amount of chips, but that they just need to be raked and spread around. Verch also reported that he had spoken to Ottomatic Lawn Service about the bushes at the entrance to the Heights. He said they are somewhat overgrown and probably need to be pruned back for visibility. Luhring responded that there is plenty of money in the streets budget for that to be done.

Street Report – Luhring stated that there is nothing to report. Reinardy asked for confirmation that Council wants the Resident Parking Only signs purchased that were discussed at last month’s meeting. He felt it was unclear that those should be ordered for the streets, along with the other signs that were purchased for the parks and ballfield. In discussion Council felt that the purchase of the Resident Parking Only signs had been approved at last month’s meeting and directed Reinardy to purchase the signs. Knetter asked for a motion to purchase the Resident Parking Only Signs. Motion by Luhring seconded by Verch to approve the purchase of 4 Resident Parking Only signs, to be placed on the opposite side of the street of the Parking for Park Events Only signs. All voted in favor. None opposed. Motion passed 4:0.

Old Business – None.

New Business –
Gambling/Temporary On-Sale Liquor License for St. Mathias Fun Fest - . Motion by Luhring seconded by Verch to approve the gambling/temporary on-sale liquor license for St. Mathias Fun Fest. All voted in favor. None opposed. Motion passed 4:0.

Conditional Use Permit--Jesse Gesme, 23215 Hampton Blvd.—Recommendation from 05/27/21 Planning Commission Meeting – Motion by Luhring seconded by Verch to approve the Conditional Use Permit for Jesse Gesme, 23215 Hampton Blvd. All voted in favor. None opposed. Motion passed 4:0.

Filling 5th City Council Seat – Knetter asked Council members what their preference would be as far as filling the open City Council seat. He asked if Councilors would prefer that the City advertise for this or that someone would be appointed. His suggestion is to put this on the agenda for next month’s City Council meeting, and that the top two vote-getters from the last election be considered for the Council seat. Discussion. Knetter also stated that, technically, he could appoint the Councilor, but his preference is that this be a Council decision. Knetter will reach out to the two candidates to ask about their interest in the position.

Parking Enforcement – Luhring stated his reasons for wanting this topic to be added to the agenda. He feels that there needs to be further discussion among Councilors regarding future enforcement of parking violations. There has been much discussion on this issue in the past, and the City attorney has had input on this regarding changes to the ordinance and what the City needs to do to enforce parking violations. Discussion. Luhring mentioned that, historically, the City has had notices available to be put on windshields of vehicles that are in violation of parking ordinances, and his preference is to continue doing that. Council asked the City Clerk to create the notices, that will include wording that vehicle owners must contact City Hall within 30 days of receiving the notice to report that the vehicle has been moved.

Adjournment – Motion by Luhring seconded by Verch to adjourn the meeting. Motion passed 4:0. The meeting adjourned at 7:38 pm. All voted in favor. None opposed.

Respectfully submitted, Judy O’Brien

Hampton City Council Public Hearing and Regular Meeting Minutes for May 11, 2021

The Hampton City Council met on Tuesday, May 11, 2021 at the Hampton City Hall for a public hearing and the regular scheduled meeting. Present were Mayor John Knetter; Council Members Cindy Flodeen, David Luhring, and Kati Evertz-Garcia. Council Member Anthony Verch was absent. Also present was Marlin Reinardy, Water/Sewer Superintendent; Brad Fisher with Bolton and Menk; and Jesse Gesme, Neil Hoadley, Vicki Dohmen, and Victor Anderson .

Public Hearing Called to Order – The purpose of the first public hearing was to consider the Repeal and Replacement of the Enabling Resolution Establishing the Hampton Economic Development Authority. This is necessary because the Enabling Resolution that was passed in November 2008 listed the appointed officers of the EDA by their names rather than by their titles. The purpose of the second public hearing was to consider an Application for a Variance for a 2,560 Square Foot Pole-Framed Garage for Jesse Gesme of 23215 Hampton Blvd. Mayor Knetter opened the public hearing at 7:00 p.m. There was no public comment. Discussion ensued among Councilors regarding clarification of the steps required for the granting of the Variance by Council and the recommendation by the Planning Commission for the approval of the Conditional Use Permit for the pole-framed garage. Knetter indicated that he had spoken with the City Planner and that the steps are required because of the wording in the city’s ordinances. His opinion is that the ordinances need to be updated to streamline the process for such requests.

Adjournment – Motion by Luhring seconded by Evertz-Garcia to close the public hearing. All voted in favor. None opposed. Motion passed 4:0. The public hearing closed at 7:06 p.m.

Regular Meeting called to Order - Mayor Knetter called the Regular Scheduled Meeting to order at 7:06 p.m. Present were Mayor John Knetter; Council Members Cindy Flodeen, David Luhring, and Kati Evertz-Garcia.

Disclosure of Interest – None

Approval of April 13, 2021 Regular Scheduled Meeting Minutes – Motion by Luhring seconded by Evertz-Garcia to approve the April 13, 2021 Regular Scheduled Meeting Minutes. All voted in favor. None opposed. Motion passed 4:0.

Approval of Disbursements – Motion by Evertz-Garcia seconded by Luhring to approve the May disbursements. All voted in favor. None opposed. Motion passed 4:0.

Public Comment – Mayor Knetter stated that, for public comment items, no action will be taken on an item unless Council votes to add the item to the agenda. Neil Hoadley was present to comment on the need for property clean- up. His address is 23440 Water Street. He recently was cleaning up some buckthorn and, where the buckthorn is located abuts a runoff channel that begins at Main Street, then goes under STH 50, and then behind the Rayburn development on the south side of Water Street. Hoadley was working in that area this past winter and noticed that it looked like the channel was leaking across several residents’ properties. Upon further investigation this spring, he found that an old snowmobile bridge that had previously crossed the channel had drifted down the channel and had caused the channel to dam up and water and debris was overtopping the dam. Hoadley would like this issue to be put on the agenda for a future City Council meeting to discuss the City’s responsibility in regard to cleaning this up. He mentioned that the channel is not draining properly, and water is backing up and going into residents’ back yards.

Hoadley had an additional public comment item regarding residents of Main Street that are taking debris from their lawns and dumping it on an undeveloped private property across the street. He stated that, recently, a road had been built to the back of the property and larger quantities of debris are being dumped on the back of the property. In addition to the illegal dumping, Hoadley mentioned that there seems to be more and more unregistered vehicles parked around the city that need to be addressed. Councilors thanked Hoadley for the information.

Vicki Dohmen addressed the Council regarding concerns about parking on city streets. Specifically, her concern is parking on streets near the new funeral home, which includes Lincoln St., where she resides. She has concerns about potential effects on her property value, and also about safety issues when vehicles are parked on both sides of the city streets. When this occurs vehicles driving down opposite sides of the street must take turns going through because of the width of some city streets. Councilors thanked Dohmen.

Petitions, Requests, and Communications – Variance application for a 2,560 square foot pole-framed garage – Jesse Gesme, 23215 Hampton Blvd. Discussion again regarding clarification of the process for approvals for the variance and the CUP. Luhring stated that the Council would work to clean up the ordinance language so that no other resident would have to go through the cumbersome process that Gesme has gone through. Motion by Evertz- Garcia seconded by Luhring to grant the variance. All voted in favor. None opposed. Motion passed 4:0.

Councilor Evertz-Garcia resignation. Mayor Knetter thanked Evertz-Garcia for her service to the community. Evertz-Garcia stated that Tom Eilen is the individual that is purchasing her property in Hampton. He asked Evertz- Garcia to let Councilors know that he is intending to use her property and other properties he owns for future development. In order to do that, he has future plans to make a request to Council for the purchase of the City property where Main St. ends and is barricaded off, so that the properties he owns can be combined for development.

Knetter asked Councilors for a motion to accept Evertz-Garcia’s resignation. Motion was made by Flodeen seconded by Luhring to accept Evertz-Garcia’s resignation. All voted in favor. None opposed. Motion passed 4:0.

Ordinance review and discussion. Knetter indicated that it is the consensus of Councilors that ordinances need to be reviewed and updated where necessary. Knetter asked Flodeen to take the lead on the discussion. Flodeen said she would first like to discuss ordinance § 152.278, Private Swimming Pools. She referred to notes she had taken after reviewing the City’s ordinance and recommendations by the American Academy of Pediatrics regarding the subject. She mentioned that the City’s ordinance states that pools must have a minimum fence height of 5 feet. However, the ordinance doesn’t consider the size of the pool, or its portability. As far as the 5’ minimum height, Flodeen stated that the American Academy of Pediatrics recommends a minimum side wall height of 4 feet, and that the pool is enclosed on all 4 sides so that it is climb-proof. She specified that a chain link fence is not climb-proof, so it should be mentioned in the ordinance that that type of fence cannot be used for this purpose. Other items to consider include that gates be self-closing and self-latching, that gate latch heights are appropriate, and that the pool area remain toy-free when not in use. Knetter stated that these are all important considerations, and that this is the beginning of the process for updating this particular ordinance, and that it will be discussed further at next month’s meeting.

The next ordinance for discussion is § 152.032, Accessory Building and/or Structures. Flodeen again took the lead on the discussion. Flodeen’s opinion is that, basically the changes that need to be made are ones that make the process less cumbersome for residents who are seeking a variance or CUP for adding a building to their property. Knetter stated that Council needs to get input from the City Planner on how to revise the current ordinance to streamline the process for such requests.

Ordinances and Resolutions – Resolution 2021-04 calling for the repeal and replacement of the enabling resolution establishing the Hampton Economic Development Authority. Knetter asked for a motion to approve Resolution 2021- 04. Motion was made by Evertz-Garcia seconded by Luhring to approve Resolution 2021-04. All voted in favor. None opposed. Motion passed 4:0.

Reports of Officers, Boards, and Committees:

Engineer Report – Brad Fisher with Bolton and Menk began by updating the Council on the Main Street Lift Station Backup Generator Project. He informed Council on the progress being made by Muska Electric. He mentioned that he stopped by the site on the way to the meeting and verified that the gas line has not yet been trenched in, so will need to contact them to coordinate and find out what their schedule is for that. Once the electrical work and the gas line trenching are complete, the next step is to have Muska Electric contact the generator supplier and have them commission the generator, make sure that it is working properly, and do some training with City staff.

The second item that Fisher updated Council members on is funding options for a new water tower. He reminded Council that a year ago he applied for the City to be ranked and placed on the Drinking Water Revolving Fund’s Project Priority List (PPL). The next step to move forward in this process is to submit an Intended Use Plan (IUP) by the June 4th deadline so that the City will have a “shovel ready” project, which should benefit the city as projects are prioritized for funding. Fisher asked Councilors their opinion of moving ahead with this next step of IUP submission, and it was the consensus of the Council that the City needs to move forward with the project, so asked Fisher to prepare and submit the IUP.

Fisher continued that the next step in the process, after the submission of the IUP, is the completion of an Environmental Review. As a part of the review, various considerations need to be investigated, including project impacts to various state agencies. One of the more critical hurdles the project will face is the requirements of the Minnesota State Historic Preservation Office (SHPO) because of the potential historic nature of the existing water tower being a Red Top tower. If the tower is considered historic, it would require a Historic Significance Study and SHPO’s turnaround time would be expected to take up to a 12-to-18-month process to complete.

Fisher asked Councilors to provide him with direction on what to do next to move forward with the process. Discussion ensued regarding SHPO’s authority and its impact on the project. Councilors asked Fisher to do more research regarding SHPO’S authority and requirements for the project to proceed.

Along with the Environmental Review, a Tower Siting Study will need to be completed. If it is identified that the City needs to acquire additional property for the new tower, that will need to be determined in advance to allow for enough time for the property acquisition process to occur.

Fisher asked Council their opinion on the timeline to continue with the project, as to when a “study kick-off” meeting might be planned for the various steps that will be required to proceed with the project. As had already been discussed Council would like Fisher to do further research regarding the jurisdictional authority of SHPO. Knetter also mentioned that there already has been some work done on the subject of the site for the new tower. Gathering and reviewing this information may take a couple of months, so Council asked that a kick-off meeting be pushed off until then.

Water / Sewer Report – Marlin Reinardy reported that, for the sewer system, the discharge process is going well. However, there was a problem with one of the valves that wouldn’t open, which can’t be fixed until the discharge is complete.

For water, there is a shut off valve on one of the hydrants that may be leaking. The location of the hydrant is at the corner of Belmont St. and Belle Ct. Reinardy has been checking the status of the hydrant, and is unsure of what is causing the leaking. Reinardy will continue to monitor.

Reinardy mentioned that he took a 6-hour continuing education course that was offered by the Minnesota Rural Water Association. It was held on the property of Mystic Lake Casino, and course attendees had the opportunity to tour their sewage disposal system.

Park Report – Evertz-Garcia mentioned that the weeds in the parks are coming in quickly and that the landscape service should be contacted to begin spraying in the parks. Reinardy stated that they had already begun spraying this past Saturday.

Street Report – Luhring reported that the spring sweeping has taken place and that the streets are in good shape. Old Business – None

New Business –

Liquor License Renewal – Roundup and Meric’s Motion was made by Evertz-Garcia seconded by Luhring to approve the liquor license renewals. All voted in favor. None opposed. Motion passed 4:0.

No Parking signs – Lincoln St. and Belmont St. Reinardy had asked that this item be placed on the agenda. He stated that there is an existing ordinance that states that parking on those streets is only permitted for park events. He feels that signs that indicate this need to be put up right away. Additionally, he mentioned that there has been a problem with unauthorized motorized vehicles being driven on park property, and wants to put up signs for that issue as well. Discussion ensued regarding the proper wording to be used on the signs. Council determined that there is plenty of money in the budget for the purchase of the signs and authorized Reinardy to order them.

Adjournment - Motion by Evertz-Garcia seconded by Luhring to adjourn the meeting. All voted in favor. None opposed. Motion passed 4:0. The meeting adjourned at 8:21 p.m.

Respectfully submitted,

Judy O’Brien