Hamburg City Council Minutes - June 9, 2009

Mayor Malz called the regular meeting of the Hamburg City Council to order at 7:07 p.m. CouncilmemberLarry Mueller, Councilmember Steve Trebesch, Councilmember John Barnes, City Clerk Jeremy Gruenhagen, Deputy Clerk Block, Maintenance Worker Dennis Byerly, and Fire Chief Brad Droege were present. Others present were Doug Parrott (S.E.H), Chris Lund (612 Kim Avenue), and Ann Perry (City Consulting Planner).

Agenda Review (Added Items) and Adoption

• Councilmember Mueller moved to approve the agenda as printed, seconded by Councilmember Barnes and motion unanimously carried. All Council members were present.
  

Old City Business

• Number 1 – Repair sidewalk along Railroad Street.
  o Contractor has been contacted and asked to complete the project before Zummerfest (June 19, 20, 21, 2009) or wait until after the City celebration.
• Number 3 – Cities web site.
  o A sample of the new Cities web site will be available at the next City council meeting, June 23, 2009.
  o Gov Office is up for renewal and City Clerk Gruenhagen suggested not renewing as long as the City is close to getting its own web site. City Council agreed
• Number 4 – Keep on list to ask Representative Kohl’s to attend a future City Council Meeting.
• Number 6 – Discrepancy in Ordinance #95.6 verbiage, what constitutes a dog kennel, three or four dogs?
  o City Attorney Mac is reviewing this.
• Number 8 – Purchase City Shirts for Council and Mayor.
  o City Clerk Gruenhagen will report on this during his report.
  

Fire Department Report – Chief Brad Droege

2009 FEMA Grant Application

• The 2008 grant was closed.
• The 2009 FEMA grant has been sent in and is being audited now. The Federal Government pays for 90% of the grant and the City of Hamburg would pays 10%.
  

US Fish & Wildlife Grant

• The pre-application has to be turned in by Friday, June 12, 2009. Possible purchases with the grant would be new wildlife pants and jackets.
  

Policing for Zummerfest

• No additional policing will be hired for Zummerfest, Adam 3 and 4 will stay close to the Hamburg area during the event.
  

Donation from Relief Association for J-5 Grass Rig

• The Relief Association is donating $1,500 to the city for the purchase of the J-5 Grass Rig.
• Councilmember Cummiskey moved to accept the $1,500 from the Fire Department Relief Association for the purchase of the J-5 Grass Rig, seconded by Councilmember Trebesch and motion carried. All Council members were present.
  

Insurance for Zummerfest

• The insurance policy was turned into City Clerk Gruenhagen for the Zummerfest Demo Derby and Tractor Pull.
  

Cities Cooperative Purchasing

• The Government is pushing to have cities do things together, to help cut down on individual city expenses. The Hamburg Fire Department along with four other cities had their fire engines tested at the Waconia fire station. The total cost for testing was $615.00. Hamburg paid $123, however, to drive toWaconia and back, it cost $78.05 in fuel. The Hamburg Fire Department only saved $44.95. Sometimesthere is very little savings with Cooperative Purchasing.
  

Safety Trailer

• The Hamburg Fire Department’s portion to purchase a Safety Trailer along with Norwood/YA and Cologne was $500, total cost of the trailer was $1,500. To help cover the cost of the purchase each demonstration rental will cost that city or organization $150 per use. If it is kept for one or two extra days there will be no additional cost.
• Next week the Safety Trailer will be taken to Le Sueur for a demonstration at a Safety Camp.
• Norwood/YA will store the trailer and carry insurance at no cost to Hamburg or Cologne.
  

Spray Weeds

• Fire Chief Brad Droege requested to have Maintenance Worker Dennis Byerly spray the weeds by the sidewalk along Railroad Street and mow the weeds along the railroad tracks. This should be completed by Thursday, June 18, 2009.
  

Fire Convention Expenses

• To help the city save money the Fire Department has cut two people from attending the Annual Fire Convention.
  

Ann Perry – City Planning Consultant (Resource Strategies)

2030 Comprehensive Plan

• After tonight’s council meeting Ann Perry will provide Council with a copy and CD of the 2030 Comprehensive Plan, also the approved Resolution 2009-05.
• Ann Perry will make the zoning change for 411 Maria Avenue from A-1 Residential to Mixed Use.
• Councilmember Barnes moved to adopt Resolution Number 2009-05, Approving Adopting of the 2030 Comprehensive Plan with the zoning change of 411 Maria Avenue to Mixed Use, seconded by Councilmember Mueller and motion unanimously carried. All Council members were present.
• Ann Perry requested a copy of Resolution 2009-05 so she can send it to Met Council.
• City Clerk Gruenhagen commented that he has not received the second half of the grant money from Met Council. Ann Perry will follow up on this issue.
  

City Zoning and Subdivision Ordinance

• Councilmember Mueller suggested that members of Council should review the documents for one month then make a decision.
  o City Clerk Gruenhagen will work with Ann Perry to set a date in the future when she will come back to discuss the City Zoning and Subdivision Ordinance with Council.
  Metropolitan Council 2008 Population Estimates for the City of Hamburg
• As of April 1, 2007 Met Council estimated that the City of Hamburg had 563 residents and 215 households.
• As of April 1, 2008 Met Council estimated that the City of Hamburg had 549 residents, down 14 from last year, and 212 households, down 3 from last year.
• City Clerk Gruenhagen suggested to Council that they may want Ann Perry to check into why the drop in residents and households. According to City Clerk Gruenhagen estimates the city has not changed in population or households from last year.
  o Council agreed that nothing has changed and Met Council should be questioned on how they came up with these figures.
  o Ann Perry informed Council that Met Council uses a formula for persons per household based on Metro average but will call Met Council tomorrow to find out about the three homes that were lost. There is a concern because this will effect Hamburg’s qualifications for State Aid.
  o City Clerk Gruenhagen will be in touch with Ann Perry to set up a future meeting with Council. If Council has any additions or changes to the Zoning Ordinances they can bring it up at that time or inform City Clerk Gruenhagen of any changes and/or additions.
  

Doug Parrott – City Engineer (SEH) – I/I Abatement Project

Pipe Material

• Mr. Parrott asked Council what type of piping they would like to have under the streets and grassy areas:
  o Reinforced Concrete
  o PVC – a plastic material pipe
  o Polyethylene – black corrugated pipe using a smooth wall on the inside
• Councilmember Mueller suggested using reinforced concrete under the heavier traffic areas (streets) and in the non traffic areas use one of the other types of pipes.
• Mayor Malz asked Mr. Parrott what his thoughts were or experience in using PVC or Polyethylene.
  o Mr. Parrott responded that most cities prefer using reinforced concrete in street areas and others allow PVC pipe. PVC can crack and freeze. In non street areas PVC, reinforced concrete, or Polyethylene pipe is used.
• Councilmember Mueller asked if the Polyethylene is water tight in the joint areas.
  o Mr. Parrott answered you can purchase water tight joints but they are not needed. Sometimes you want the joints to take some water to remove ground water. Usually what is used is a Soil Tight Joint, it lets water through but not the soil.
• Councilmember Mueller asked if this is an O ring type or clamp type piping.
  o Mr. Parrott replied that a bell and spigot are usually used however a clamp can also be used.
• Councilmember Trebesch asked if there are any tree root problems going into the joints.
  o Mr. Parrott replied that if a tree root wants to go in a pipe it will no matter what type of pipe you use.
  o Councilmember Mueller added that he has never seen a fool proof pipe or joint yet to keep tree roots out.
• Mr. Parrott reminded Council that the gas (crude) price will affect the cost of Polyethylene and PVC pipe.
• Mayor Malz commented that he would like to have the reinforced concrete go under the streets.
  o Councilmember Mueller agreed with using reinforced concrete under the streets and to use PVC or Polyethylene, which one is cheapest, in the less trafficked areas.
  § Councilmember Barnes agreed with this also.
• Councilmember Mueller asked if Schedule 40 PVC (SDR-35) piping would be used.
  o Mr. Parrott replied it could be SDR-35 but a more competitive piping used is an A2000
  corrugated PVC pipe. It is corrugated on the outside and smooth on the inside. It is a bit cheaper than a solid wall pipe. Council agreed to use what they can get the best price on.
• Councilmember Mueller questioned if the Polyethylene piping has to be seated.
  o Mr. Parrott responded that if the depth is 6 feet to 8 feet deep then no sand is needed for there is not much dirt load on the pipe. If the depth is greater than 8 feet then the polyethylene pipe is bedded so it does not collapse under the dirt pressure.
• Councilmember Mueller suggested that they should leave it up to Mr. Parrott’s discretion on what he suggests would be the best material for the best price.
  o Mr. Parrott noted that he does not need a motion but does need a consensus from Council. What will be done is to use reinforced concrete under the city streets but in the other areas he will put in the specifications that the contractors (bidders) can either use PVC, reinforced concrete, or polyethylene pipe. There will be a space on the bid form to list what type of pipe they are going to use in the non-street areas
• Councilmember Mueller commented that there have been discussions to extend George Street to the South and connect to Park Avenue and reinforced concrete should be used in this area.
  o Mr. Parrott agreed.
• Mr. Parrott talked to Council about the proposed water main loop for George Street if it extended between County Road 50 (Park Avenue) and Kim Avenue. Going south from the end of George Street to the south side of Park Avenue there is a water main stub with a valve that could be hooked into. The only problem is that it is located on the west side of the proposed extension of George Street. On Kim Avenue by George Street there was also a hook up there. The least expensive plan would be to put a 45 degree bend at the end of the stubs at Park Avenue and deflect it over to the east under the future street.
  The third option would be to dig up County Road 50 and put a new stub in.
  o Council discussed and agreed that it made no sense not to use the existing plug and bend the pipe at a 45 degree angle.
  o Councilmember Mueller asked if it would be possible to pressure test by using the exiting valves.
  § Mr. Parrott stated that he could have two new valves put in but Council would have to
  instruct him to do it at tonight’s meeting.
• Mr. Parrott asked Council if they wanted the line to go under the street if it is ever extended.
  o Council agreed to go under the future street.
• Mr. Parrott asked Council that if they want to pressure test, where do they want the new hydrant(s) located.
  o Councilmember Trebesch asked where Fire Chief Droege had suggested putting the three in.
  o Mr. Parrott replied the corner of Brad and Kim Street, replacing the hydrant in front of Wm. Mueller & Sons on the south side of Park Avenue (County Road 50), and replacing the one at Jacob Street and Maria Avenue.
• Council discussed what hydrants should be replaced and where the new hydrant(s) should be placed. Mr. Parrott was asked if the cost of a new hydrant was figured in the cost estimate.
  o Mr. Parrott replied that it was not, however, there is a contingency in the plan where this could be added.
  o Council and Mr. Parrott decided to place a new hydrant as close as it can be placed to the west side George Street and north of Park Avenue.
  § Councilmember Mueller added that when the new hydrant(s) are installed the valve has
  to be placed in front of the hydrant.
  § Mr. Parrott commented that Fire Chief had requested valves on all hydrant leads.
• Mr. Parrott asked Council if they had a preference on water main pipe material. He also asked Council if most of the town is ductile pipe or PVC.
  o Council replied that it is mostly Ductile.
  o Councilmember Mueller asked if S.E.H bags (wrap the pipe in a big bag) the Ductile pipe.
  § Mr. Parrott replied only if it is hot soil (acidic/corrosive).
  o It was decided the city would use ductile liner pipe and not wrap it.
• Councilmember Mueller asked if there is much of a cost difference between Ductile and PVC or mainly the labor of putting it in.
  o Mr. Parrott responded that Ductile maybe a little higher priced right now but he has not checked the priced recently so he does not know for sure.
  o Mr. Parrott asked Council if they want to add the three water hydrants that Fire Chief Droege had mentioned. The suggestion was including them as an alternate bid item in the project were Council could include them in the contract or delete them depending on the price and Councils decision to keep them in the contract.
  o Council discussed this option and decided to put the three additional hydrants in as an alternate bid then wait to find out the cost when the bids come in.
• Mr. Parrott asked Council how they want to handle the possibility of cutting into residents’ underground sprinkler systems and invisible dog fences. During the digging to hook homeowners up to the main sewer line the sprinkler pipes or electrical dog fences may be cut. How does Council want to handle repairs?
  o Option One – The original installer could be contacted to come back and repair the cut or
  damaged line. The bill could then be sent the homeowner or paid by the city.
  o Option Two – If the contractor cuts the lines then they are responsible and they pay the bill for any repairs.
  o Council can handle this any way they want.
  o Council discussed various ways to handle this type of situation and added what to do with any fences that would have to be taken down.
  o Council agreed that anything in the cities easement will be the responsibility of the home owners. Anything outside the city easement will be the cities responsibility.
  o These items should be bid items in the contract.
  o Mr. Parrott summed it up that if a sprinkler system gets damaged the city has to repair it and pay for it out of contingency money. The city would get a quote from the installer and then have it repaired. Inside the city easement the home owner pays for the repair.
  o Mr. Parrott and Council continued discussing what to do with any fences that are in the backyards. If the home owner takes their own fence down there will be no cost but if the contractor has to take the fence down there will be a cost to the homeowner. It was decided to have Mr. Parrott put a bid item in the contract to cover the cost of any fences the contractor has to take down.
  

Quality Control Testing

• During the course of building the project a geotechnical firm will be hired to do some compaction testing. The cost of this is will be the cities responsibility. The firm will work for the city not the contractors this way the city will have more control.
• Mr. Parrott added that the borings have been completed and in general everything on the high ground just south of County Road 50 going north the soil looks good. The former lake bed has a lot of organics that go very deep and there is high ground water in this area. The east side of the cities ball park is where the worst of it is however going east the soil is better. The worst soil is right were the city has planned the holding pond.
  

Access to Sewer Lines

• John Reyant (S.E.H Lead Technician) has been talking to residents who will be affected by this project and asking them for permission to enter their property once the project begins. Mr. Parrott will contact Maintenance Worker Byerly when assistance is needed in talking to some residents.
• Mr. Parrott informed Council that when any lawn is torn up it will be replaced with sod. The exception would be on the north end of Brad Street where the city owns the property and around the storm water pond grass seed will be used.
  

Sanitary Sewer Connections

• Councilmember Mueller had previously mentioned to Mr. Parrott that when the main sewer line is laid in maybe a Y joint could be added at each point where a home connection would be. This would allow a camera feed from the main sewer line to the home and a clean out access. This would also allow a line to be connected to the Y and come up just under the surface of the ground for an easy entrance. A metal cap would be put on this line to allow for easy location. The Y would be placed facing the home. The cost should be low and it would not delay the project, possible cost would be about $100 plus paying for
  two workers.
• Council discussed this option and the benefits to the city and the homeowners if a Y was put in. They also discussed what size the Y should be. Council decided to make this part of the project plans.
  

New Catch Basins

• Mr. Parrott informed Council that when the new storm water catch basins are put in no valley gutters will be needed. Example would be when you turn on Brad Street from Park Avenue the street surface would be flat instead of sloping down and up as it does now.
  

Shrubs, Flowers, Trees

• Mr. Parrott asked Council that when the drain tile pipes or storm sewer pipes are put in the back yards and where S.E.H needs to dig up to put a connection to the lines what does Council want to do about the shrubs, flowers, and trees, etc.
• Mayor Malz suggested that when S.E.H talks to residents asking for permission to enter their back yards and stakes could be placed letting residents know where the digging will accrue. This would allow the resident’s time to move any foliage.
• Mr. Parrott added that he and City Clerk Gruenhagen will draft a letter to the residents informing them to remove any foliage that would be in the area to be dug up.
  o Mayor Malz commented that this would be a fair way to give residents time to make previsions for removal.
  o Mr. Parrott added that during preliminary meetings, residents were informed that S.E.H will replace any grass area with sod and replace garden areas with clean black soil but S.E.H has not said they are paying for flowers, shrubs, or bushes. The contractors will try not to damage tree branches, however, it may happen. If it does happen, over the cities easement, nothing will be done about the damage.

Crossing Force Main by Pond Site Area

• Mr. Parrott informed Council that where the proposed storm sewer line will be placed by the proposed pond site it will have to cross the existing force main pipe and the sanitary sewer line that flows out to the lagoons. A problem arises if you try to go over the top of these lines with the proposed storm sewer line. If you start at the proposed pond normal water level and go to the north to connect to the storm sewer culvert invert there is only three and a half feet of fall. This does not give enough fall for the line to run south and go over the existing forced main pipe.
• Mr. Parrott suggested an alternative that has worked in the past. It is to put a storm sewer manhole over each line then insulate the sewer pipe so it does not freeze. Then place the bottom of the storm sewer manhole a foot and a half below the bottom of the sewer line and then the storm water flow will go over and under the existing sanitary sewer line. Each of the storm manholes will probably run with the 42” size storm sewer and will cost around $3,500 each depending on what is bid.
• Councilmember Mueller asked if the forced main could be lowered.
  o Mr. Parrott replied that it would be best not to cut into the forced main to lower it. If the forced main drains into the bottom of the cities waste water ponds then there is a possibility that all the water from those ponds may flow backwards and out of where it was cut into.
• Mr. Parrott informed Council that S.E.H does not know the exact location of the forced main line that the proposed storm water line would have to cross. He asked for permission to ask Wm. Mueller and Sons to provide a backhoe for digging and ask Mr. Cummiskey (Councilmember) for permission to go onto his property to locate the force main.
  o City Clerk Gruenhagen added that the last excavation only cost the city $175.
  o Council agreed to have Mr. Parrott coordinate with Mr. Cummiskey and Wm. Mueller and Sons on what day this could be done.
  § Maintenance Worker Byerly asked to be notified when the digging will be done so he can
  be there also.
  

Acreage of Pond

• Mr. Parrott presented to Council a drawing that showed the requested smaller three and a half acre pond which could be expanded in the future. What Mr. Parrott pointed out was that the drawing showed the proposed project land acreage not water surface area. About 2.56 acres are needed for the pond and slopping areas. To expand the pond in the future about another .94 acre area would be needed and still be within the 3.5 acre limit. However on the east side the pond dike may have to be sloped 8 to 10 feet over the 3.5 acre line.
• Mr. Parrott informed Council that it would be to the cities best interest to also purchase the land, two tenths of an acre, from Mr. Cummiskey’s property starting at the south end of the sloped dike to the Lateral 4 of Joint Ditch 3 ditch. By doing this it would give the city access from the south to the center line of the ditch.
• Mr. Parrott continued by stating that by law a one rod easement belongs to the Ditch Authority as an easement.
• Deputy Clerk Block asked how high the dikes will be.
  o Mr. Parrott replied they would be only two to two and a half feet high. To keep the dike height lower the pond will be dug deeper. The higher the dike the shallower the pond.
  

Finalization of Plans

• Mr. Parrott ended by informing Council that the finalizations of the plans are almost complete and the specs are almost done. However he would like to meet with the Project Committee one more time to make sure the project plans are what Council wants. When the plans are 99% completed he will call to set up a meeting date and time.
  

Assessment Options

• City Clerk Gruenhagen noted to Council that by the end of August a final decision should be made on what assessment option the Council wants to go with.
• Mr. Parrott suggested that he and City Clerk Gruenhagen meet with the Cities financial advisor to put together options to be presented to Council and the Community. Council agreed that this should be done.
  

PFA Funding Application

• City Clerk Gruenhagen reported on PFA funding. Council will have to pass Resolution Number 2009-06. This resolution is approving an application to the Minnesota Public Facilities Authority Clean WaterRevolving Fund for a loan in the amount of $1,225,325 or the as-bid cost of the project. Also in Council packets was information on the CWRF application check list. Ron Seymour from S.E.H is putting the requested information together, however, Mayor Malz will have to sign some of the documentation at
  this meeting and Council will have to approve Resolution 2009-06.
• Councilmember Barnes moved to pass Resolution Number 2009-06, seconded by Councilmember Mueller and motion unanimously carried. All Council members were present.
  

Comment Card

• City Clerk Gruenhagen informed Council that one citizen returned the comment card sent out to residents affected by this project asking for their input.
  o The resident commented that the plans submitted in May look good, city should do all parts and has their support. Financing for us is ok as City sets up. To us this is not an option, this update must be done.
  § Added with this comment was: We do not like the idea of sump pumps going in front of
  houses as most of us have the pumps going out back so we support the original design not
  the one suggested by one individual at the last meeting. Resolution Number 2009-07
• City Clerk Gruenhagen informed Council that Resolution 2009-07 needs to be adopted tonight. This resolution orders improvements and directing preparations of final plans and specifications for Storm Sewer and Sanitary Sewer Improvements of 2009.
• Councilmember Mueller asked by adopting this resolution the project will go to bids?
  o Mr. Parrott answered no, by adopting this resolution it will give S.E.H the go ahead to prepare final plans and specifications for this project.
• Councilmember Mueller asked if the ditch will still be cleaned out.
  o Mr. Parrott replied that he was informed that the ditch will be cleaned out once the crops are out of the field. It will be done this fall.
  o Mr. Parrott also added that the ditch has to be cleaned out this fall because the project is being designed based on their commitment to have the ditch cleaned out.
• Councilmember Mueller commented that he was under the assumption that the County will be responsible for the cleaning out of the culvert.
  o City Clerk Gruenhagen will check with Mark Lundgren to make sure the County is responsible.
  o Mr. Parrott added that this has to be done and you can argue who pays for it later.
• Councilmember Mueller moved to approve Resolution 2009-07, Resolution Ordering Improvements and Directing Preparations of Final Plans and Specifications for Storm Sewer & Sanitary Sewer Improvements of 2009, seconded by Councilmember Trebesch and motion carried. CouncilmemberCummiskey abstained.
• Councilmember Mueller added that he had spoken with a few city residents and the people that John Reyant has talked to are really pleased with how he has presented himself. Two people commented how polite and attentive he was to their questions.
  

Dennis’ Report (Public Works & Utilities)

Lawn Mower

• Maintenance Worker Byerly informed Council that he had taken the lawn mower over to Mid West Equipment in Glencoe, MN. They said that it is running on one cylinder and needs coils. The estimated cost to fix the mower would be $300 for parts and $76 for labor.
• Council discussed what had been done to try and get the mower running and what should be done now to get it running. Council agreed to have Maintenance Worker Byerly take the mower back to Mid West Equipment and have them try to fix the mower but not to exceed $500. If the repair would cost more than this amount they would have to call to find out if Council wants to proceed with the repair or not.
• Councilmember Cummiskey moved to spend up to $500 for the repair of the cities lawn mower, seconded by Councilmember Mueller and motion unanimously carried. All Council members were present.
• Maintenance Worker Byerly asked what to do with it after it is fixed.
  o Council replied “use it”.
• Mayor Malz asked if the weeds by the railroad tracks and the abandoned track are mowed by the lawn service or does the city mow them. Mayor Malz mowed the weeds last week with his lawn mower keeping the deck up.
  o Maintenance Worker Byerly replied that Wm Mueller & Sons usually brings down a
  bushwhacker with a bobcat right before Zummerfest and mows the weeds down.
  § Maintenance Worker Byerly has tried to mow the weeds however there are too many
  rocks and he has hit some of the spikes.
  o Councilmember Trebesch added that he has mowed the weeds down also by keeping the deck of the lawn mower up.
  o City Clerk Gruenhagen noted that Wm Mueller & Sons will cut the weeds again this year.
  

Fix Curb & Gutter on Brad Street

• Councilmember Mueller asked Maintenance Worker Byerly to contact Brad Droege (Wm. Mueller & Sons) and have them fix the curb and gutter on Brad Street across from the Hamburg Bank. A bituminous gutter and tar curb could be put in now. During the I & I project this street is planned to be torn up so there is no sense to have it permanently repaired now. Council agreed with this idea.
• City Clerk Gruenhagen brought up that Leon Buckentin (811 William Street) had asked the city to repair three to four feet of curb in front of his house that were hit by the snowplow. The curb is chipped and pieces are missing.
  o Council discussed the other areas in town that are in the same condition and also wondered if a snow blower instead of the snowplow chipped the curb. To replace a section of the curb would cost about $36.00 per square foot.
  o Council made no decision on Mr. Buckentin request to have the curb fixed.
  

Fiber Optic Line

• Councilmember Mueller mentioned that the fiber optic line coming into Hamburg will not be started until this fall. He asked Maintenance Worker Byerly to make sure the jetter is in working condition because when the directional boring is started there will be a possibility of slurry getting into a sewer line. If this happens the line would have to be jetted.
  Sidewalk Replacement and Seal Coating
• City Clerk Gruenhagen reported that he has no dates as to when Hard Stuff Masonry & Concrete or Southwest Paving will start these projects. He will follow up with them.
  

Replacement Water Fountain for Park

• Councilmember Cummiskey asked Maintenance Worker Byerly to stop by his house tomorrow and pick up the water fountain he has to replace the broken one at the Park.
  City Keys for Council
• City Clerk Gruenhagen asked Maintenance Worker Byerly if he had taken the city keys to be copied for Council members and the Mayor.
  o Maintenance Worker Byerly replied that he would get this completed.
  Pond Key
• Council again discussed who should have the key to the pond. This had been discussed several times before and it had been decided that only the City Office would have the keys for the pond

Solar Batteries for Warning Siren

• Councilmember Trebesch asked Maintenance Worker Byerly if he has checked into the cost of purchasing solar batteries for the siren.
• Maintenance Worker Byerly was unaware that this was on his project list.
• Councilmember Mueller mentioned that even if you would get a solar charger you still have to purchase new batteries. Batteries last a long time but they do wear out. In his opinion purchasing a solar charger would be a waste of money.
• Council agreed to wait on the purchase until further research is done but Maintenance Worker Byerly should purchase the new batteries now.
  

Refrigerators and Freezers in Park

• Councilmember Trebesch asked Maintenance Worker Byerly if all the refrigerators and freezers have been checked and are working.
  o Maintenance Worker Byerly responded that he had checked them and they are all working. Maintenance Worker Byerly commented that no one had told him that the Hall was going to be used during Zummerfest and he has started stripping and waxing the floors. He did not think the Hall was rented until the middle of July.
• Councilmember Mueller and City Clerk Gruenhagen commented that for the last several years the Hall was not rented out just in case one of the events for Zummerfest is rained out. If it did rain the event could then be moved to the Hall.
• Maintenance Worker Byerly will complete the project before Zummerfest.
  

Deputy Clerk Block’s Report

Delinquent Utility Bills Report

• Deputy Clerk Block reported that Chris Tordsen (618 Kim Avenue) did send in $400 on June 1, 2009 for payment on his delinquent account, remaining balance of $654.66. Jeff Muri (941 Park Avenue) was sent his final billing for the amount of $340.22. His home has sold and payment should be received shortly.
  

City Clerk/Treasurer Report

Liquor License Renewals (July 1, 2009 to June 30, 2010)

• Parkside Tavern – On Sale - $1,200
• Parkside Tavern – Sunday Liquor Sales - $200
• Parkside Tavern – Off Sale - $100
• Hamburg Lions Club – 3.2 Malt Liquor
• Hamburg Baseball Club – 3.2 Malt Liquor
  City Clerk Gruenhagen commented that the background checks for the requested liquor license cost $23.90 per hour taking 2 hours to investigate each application.
• Councilmember Cummiskey moved to adopt the requested liquor licenses for Parkside Tavern, Hamburg Lions Club, and the Hamburg Baseball Club, seconded by Councilmember Barnes and motion unanimously carried. All Council members were present.
  

City Lease Agreements – Serving of Alcohol

• City Clerk Gruenhagen informed Council that the cities attorney Mac Willemssen sent a letter answering the questions concerning Hall (Community Center & Park) rentals and alcohol issues. City Clerk Gruenhagen pointed out one part of the letter: If alcohol is going to be sold, it is clear under Minnesota law that the user will need to obtain a liquor license. What the City of Hamburg should be aware of is that Minnesota Liquor Control takes the position that a liquor license must be obtained even if liquor is only going to be “served” in a commercial setting. Liquor Control takes the position that any rental of a facility is “commercial”; therefore, even though someone is just “serving” liquor (as compared to a sale), Liquor Control says there must be a license. It appears the only way to meet this requirement is for the user to hire a caterer that can obtain a “consumption and display” permit.
• Council discussed this issue and how it would affect renters and how do other cities handle this type of situation.
• Council decided that renters will have to carry a one day liability insurance policy and the city will also carry liability insurance. This will be added as a requirement in the lease agreements for the Hall, Community Center, and the City Park.
• City Clerk Gruenhagen will work with the City Attorney (Mac Willemssen) on the wording and have it added to the lease agreements. Renters can either purchase the insurance through their home owner’s policy or through the League of MN Cities.
• City Clerk Gruenhagen added that when the cities insurance policy is due he will have liquor liability added to the coverage. Renewal will be in July 2009.
  

Peddler/Solicitor/Transient Merchant Permit for Joshua Gross

• City Clerk Gruenhagen informed Council that Joshua Gross from Patriot Service Roofing did apply for a Peddlers/Solicitor Permit. He asked Council if they would approve the application pending a clean background check.
• Councilmember Barnes moved to approve Joshua Gross, Patriot Service Roofing, application for a Peddler/Solicitor Permit provided his background check comes back clean, seconded by Councilmember Mueller and motion unanimously carried. All Council members were present.
  

To The Home – Wireless Internet Service

• City Clerk Gruenhagen commented that Mac is reviewing the contract, no further information at this time.
• City Clerk Gruenhagen wanted to inform Council that he had received a call from the Stuewe Farm just outside of Hamburg. To The Home Internet was planning on installing an antenna on their silo. Mr. Stuewe had agreed to the installation however Mrs. Stuewe halted the installation due to liability concerns. City Clerk Gruenhagen was a little concerned that if To The Home Internet was asking the city for permission to install an antenna on the water tower why were they going a half mile out of town to install another one.
• Councilmember Mueller commented that he had some concern about giving To The Home Internet a key to the shed located under the water tower to install their equipment.
  o Council discussed this concern and decided that To The Home Internet would not be given a key. They will have to install their equipment outside of the shed.
  o Council also discussed and agreed that the city should not expect to receive any revenue from this project.
  § City Clerk Gruenhagen made the comment that this should be looked at as a provided
  service for residents.
• City Clerk Gruenhagen asked Council if they would want to set a time frame in the contract with To The Home Internet. You do not want to be tied to one provider if in the future new service(s) become available.
  o Council discussed and decided to put a time frame in the contract.
  

Emerald Ash Borer (City Tree Ordinance)

• City Clerk Gruenhagen informed Council that the city does have an ordinance covering diseased trees with in the city.
  o 93.30 Tree Diseases – (A) Trees constituting nuisance declared. The following are public
  nuisances whenever they may be found within the city: (5) Any other shade tree with an
  epidemic disease. (B) Abatement of nuisance. It is unlawful for any person to permit any public nuisance as defined in division (A) of this section to remain on any premises the person owns or controls within the city.
  

City Shirts

• City Clerk Gruenhagen updated Council on the shirts they had ordered from G&K Services. The shirts G&K sent will be free of charge. G&K Services will credit the City by crediting their services that they provide for the city. One shirt was reordered (large) in the size and type Council had originally agreed upon. Once this shirt is received and Council approves the other sized shirts, they will be ordered.
  

City Council Reports

Councilmember Mueller (Sewer & Water)

• Councilmember Mueller and Mayor Malz attended the ACCEL meeting last week. The topic discussed was on the N1H1 flu virus and how the County is prepared. The fiber optic line was brought up and it will not be started until this fall. The company installing the line (Jaguar) did not receive the grant they applied for so this is putting the project behind schedule.
  

Councilmember Cummiskey (Streets) had nothing further to report.

Councilmember Trebesch (Buildings) had nothing further to report.

Councilmember Barnes (Parks) had nothing further to report.

Mayor Malz

• Mayor Malz asked to have the cities lot by Brad Street mowed. There will be a lot of City festivities and it would make the area look nicer.
  o City Clerk Gruenhagen will have this taken care of.
  

Approve Claims List for June 2009

• Councilmember Barnes asked about Claim Number 13880, MNSPECT, Building Inspection Fees for May in the amount of $696.70. He did not know what this was for.
• City Clerk Gruenhagen explained that this a fee charged by MNSPECT. The city contracts out with this company to review permits and do inspections of building permits to make sure state code is followed.
• Councilmember Barnes asked about Claim Number 13869, City of Shakopee SMDTF Membership Dues for 2009 in the amount of $2,100.
• City Clerk Gruenhagen explained that this is for the Southwest Metro Drug Task Force Team. This is something the city has contributed towards for the last three to four years.
  Councilmember Barnes moved to approve the June 2009 Claims List from Claim Number 13859 though Claim Number 1389 including the three ACH payments, seconded by Councilmember Mueller and motion unanimously carried. All Council members were present.

Councilmember Mueller moved to adjourn the Hamburg City Council meeting at 9:44 p.m., seconded by Councilmember Barnes and motion unanimously carried. All Council Members were present.

Submitted by:
Sue Block
Deputy Clerk

Obama 'Joker': Art or "Dangerous"??

A poster posted around Los Angeles challenges acceptance of our freedoms as citizens of the United States while the artist remains a mystery. I came across the article in the Chicago Tribune this morning. In doing a search on the topic it appears that The Drudge Report was the lead viral catalyst to the story. The poster is of President Obama in the likeness of Health Ledger’s role as the Joker in “The Dark Knight” (see below for poster).

Earl Hutchinson, Los Angeles Urban Policy Roundtable President, stated the “Depicting the president as demonic and a socialist goes beyond political spoofery. It is mean-spirited and dangerous.” Not sure how it is dangerous. The response by Mr. Hutchinson does reflect an undercurrent of a thin skinned American society. To add to the poster the word “Socialism” is listed below the picture.

As Noel Sheppard points out in his article, (Obama Joker Poster Stirs Outrage, Bush Joker Poster Not So Much)”Yet, when Vanity Fairs Politics & Power blog published a somewhat similar visual representation of George W. Bush last July, nobody seemed to complain.” Is political satire a one-way street? A big reason why people flock to the United States is because of freedom of speech.

Saul Relative comments (Obama Joke Poster: A Contradiction) that the artist attempt to paint President Obama as an “evil trickster, a jesting madman, a person in disguise” missed the mark and “...the image falls apart in its effectiveness. Because anyone who knows anything about the Joker, it is that there is nothing about him that is concerned about the common good. In other words, there isn’t a socialistic bone in his body. The joker steals for the power of it, the fun of it, and the disruptive force of it.” All elements that appear to contradict the Joker Obama and the assertion of “Socialism”, perhaps the artist was bringing satire to the famous Hope poster that followed Sen. Obama during the presidential campaign.

While the artist’s intention of the poster may be in line with Thomas Lifson interpretation (President Obama ‘Joker’ poster asks ‘why so socialist?’) of “Open mockery of Barack Obama, as disillusionment sets in with the man, his policies, and the phony image of a race-healing, brilliant, scholarly, middle-of-the-roader”, the real question is if the depiction steps too far over that satirical line or is it free speech?

Hamburg City Council Minutes - May 24, 2009

Mayor Malz called the regular meeting of the Hamburg City Council to order at 7:00 p.m. Councilmember Larry Mueller, Councilmember Steve Trebesch, Councilmember John Barnes, City Clerk Jeremy Gruenhagen, Deputy Clerk Block, and Fire Chief Brad Droege were present. Others present were Doug Parrott (S.E.H). Councilmember Brian Cummiskey arrived at 7:09 p.m. and arriving at 7:17 p.m. were Richard Odoms (150 Jacob Street) and Shawn Sprengeler (To The Home Wireless Internet). Maintenance Worker Byerly arrived at 8:53 p.m.

Agenda Review (Added Items) and Adoption
Added – Time-off Request for Maintenance Worker Dennis Byerly.
Councilmember Mueller moved to approve the agenda with the one addition, seconded by Councilmember Trebesch seconded and motion carried. Councilmember Cummiskey was absent.

Old City Business

• Remove item number 13 – Vote if water meter deposit charge should be changed to $45 or leave wording as is. Council decided to leave the deposit charge at $35.
• Remove item number 3 – this will be discussed at tonight’s council meeting – Discuss motion to close city streets except for civic purposes.
• Number 12 – Purchase batteries or a solar battery for the Civil Defense Siren – Council decided to have Maintenance Worker Byerly check into the price of a solar battery.
• Number 6 – Lawnmower Repair – Council decided to have Maintenance Worker Byerly take the lawnmower to either Glencoe or Belle Plaine John Deere Dealership and find out the estimated cost of repair.
  
  Fire Department Report – Chief Brad Droege
  

2009 FEMA Grant Application

• The 2008 Grant will be closed in June or July. You can close the grant 6 months after the monies have been received.
• The 2009 FEMA Grant for $25,110 has been sent in. This amount would help purchase a new thermal camera, the old one was donated to the Hamburg Fire Department nine or ten years ago and is not working properly. The money would also be used for sixteen new voice remitters, DRD – Drag Rescue Devices (new OSHA policy), and 300 feet of hose – 3 lengths of 54’ x 1” and 3 lengths of 2 ½” hose.
• The Federal Government has cut money for the FEMA Grants to help balance the budget.
  

Gambling Donation – Pull Tabs

• Fire Chief Droege informed Council that a decision has not been made on what to donate the gambling fund money on yet. The Relief Association has to deplete the funds by the end of the year. Some suggestions were to use the money on purchasing the civil defense solar batteries/charger and/or payment towards the Ambulance Rescue. Chief Droege would like to put the money back into the community.
• Councilmember Mueller suggested putting the money towards equipment purchases.
  o Fire Chief Droege noted the Tanker, Ambulance, and the siren was funded by donations so they could use the money to purchase solar batteries/charger.
• City Clerk Gruenhagen added that there is a total of $33,000 left to pay on the Ambulance, $11,000 this year (2009) and after this year there will be $22,000 left to pay on it. There is $6,000 to pay this year (2009) on the Community Center Bonds and $3,000 next year (2010).
• City Clerk Gruenhagen and Fire Chief Droege had spoken earlier in the day that maybe the Fire Department could put together a Wish List. The City could pay for Fire Department items and by using the Gambling funds have the Fire Department pay for some of the Cities wish list items. What the Fire Department uses the funds for has to be on certain items and within the certain guidelines.
  o Fire Chief Droege commented that this is something the Fire Department members have to discuss yet.
  o City Clerk Gruenhagen requested that if this is going to be done that it be in a timely manner so it can be budgeted for.
• Councilmember Mueller suggested that a new City Sign be placed right before you enter Hamburg. A sign matching the Hamburg Bi-Centennial Park Sign for the City of Hamburg and Young America Township, a two sided sign.
  o City Clerk Gruenhagen mentioned that acquiring new signs were on the City Wish List and council had estimated the cost at $700 per sign.
  
  

Mayor Malz informed other members of Council and the public that Wm Mueller & Sons, along with volunteers, have redone the horseshoe pits in the Park.

Councilmember Mueller added that he wanted to thank Chief Droege’s wife and Mayor Malz’s wife for sprucing up the Park flower gardens.

• Chief Droege suggested sending them a Thank You note. He also added that he thought two pots should be placed again this year in the Bi-Centennial Park. The two flower pots that were there last year looked very nice and colorful.
  o Mayor Malz suggested asking Barb Droege and Sheila Malz if they would put something together.
  o Councilmember Muller added that the city should pay for the pots and plants.
  § Council discussed what price should be allowed for the purchase and they agreed upon up to $150.
  o Councilmember Mueller moved to spend up to $150 for the purchase of pots and flowers to be placed by the flag pole in the City Park, Councilmember Trebesch seconded and motion unanimously carried. All Council members were present.
  
  

Doug Parrott – S.E.H.

Cost Estimates on Pond Options 1 and 2

• There were two options for Storm Water retention and Storm Water quality pond. The difference between the two is a double barrel piping system for option 2 and option 1 has a one piping system into the pond then into the County ditch.
  o Option 1 – Take the future pond storm water which would be north of the city for future development and bring that water around to George Street on down to a single pond before the water goes into the ditch. The pond by the County Ditch would have to retain the water from future development areas north of the city. This pond would be about a 3.4 acres in size. The 3.4 acre sized pond would be the normal water level of the pond which would be permanently there.
  § Estimated cost for single piping system and larger pond would be $257,251.28. This includes the piping, pond structure, and street repair.
  o Option 2 – Duel piping system. This option would take the future development pond water through a separate system and outlet directly into the ditch. But for the local drainage areas by George Street, Kim Ave, and County Road 50 the storm water would have to be brought into a smaller pond. The pond size would be 1.4 acres instead of the 3.4 acre pond in option 1.
  § Estimated cost for the duel (two) piping system and smaller pond is $225,292.21
• Mr. Parrott reiterated that these are estimates not bid prices. The bid price could vary greatly from what the estimates are.
• Mr. Parrott brought this up due to the suggestion from Roger Siewert (618 David Avenue) which he suggested at the Neighborhood Meeting. His idea was to combine Option 1 and Option #2. Take Option #1 with the single piping system but put in the pond from Option #2. Because this is what is needed now for the storm water drainage coming off George Street and County Road 50. Then in the future expand the pond when the areas to the north are developed. This way Option #1 would cost less than Option #2 because a lot less earth would have to be moved.
  o Mayor Malz commented that this idea made sense because future development could help pay for the pond expansion.
  o Councilmember Mueller added that any future development could help pay for the pond expansion.
  o Councilmember Cummiskey suggested a sewer connection fee for any future development to help cover the cost of expanding the pond. Councilmember Cummiskey commented that some people have approached him asking if he would be willing to put an orchard in. The orchard would be in the area where the expanded pond is planed to be built. Councilmember Cummiskey added that he knew this was coming and he did not want to put one in and then later have to take it out. If the orchard gets put in and the pond is expanded it is a lot more expensive to purchase land with an orchard on it then purchasing pasture land.
  o Councilmember Mueller suggested to Councilmember Cummiskey that the city would purchase enough of his property now to allow for the future pond expansion.
  § Mayor Malz added that this way the land would be designated just for that purpose.
  o Councilmember Cummiskey replied that the logistics of how that works kind of varies a little bit. Right now where the pond is planned it chops his pasture up pretty bad, personally he would like to keep the pond as small as possible and keep it that way. He does not see a big disadvantage in putting in the two pipe system if the ponds have to be built on the north side of town anyway. It is less expensive and in the estimates there is no cost listed for acquiring the land in either plan.
  § Mr. Parrott stated that the land purchase estimates included is very little.
  o Councilmember Cummiskey continued that the estimates are not accurate because there is no land acquisition costs listed for either plan. If you are talking about a 3 acre pond with a perimeter versus the one acre pond it is a huge difference. The city would not be just looking at 3 ½ acres to purchase, this is going to change things.
  § Mr. Parrott commented that the acreage showing on the drawings is just the water surface area, it does not include the top of the dikes and/or the back slopes.
  o Mayor Malz asked how big the pasture area is.
  § Councilmember Cummiskey was not sure but he estimates that his total property is just about 25 acres. The field across the ditch is a little over 12 acres and he does not know how much land is around the housing area or how much of the remaining 12 acres is pasture. Councilmember Cummiskey estimated that about 8 or 9 acres of pasture but some loops back around to Martha Street. He continued to comment that the pipe can not cross the forced main and the sewer line that is already down on the Martha Street side.
  § Doug Parrott added that they did some measurements from an aerial photo to try and calculate from the force main on the east side over to the fence by the city park. S.E.H. came up with a little over 4 acres. The 4 acres are between the ditch, the force mains, the homes, and the city park.
  o Councilmember Cummiskey commented that the force main that is running behind 720 Park Avenue (Robert Bergmann’s) is about 15 or 20 feet off the fence line so that area at most would be part of the back slope. It can’t be any closer to the back slope of the pond.
  § Mr. Parrott replied yes you would want to stay away from it totally.
  o Councilmember Cummiskey continued that if you get to the large size pond and try to squeeze that size pond into that area you are going to have some issues because of where the force main is already running and the sanitary main.
  § Mr. Parrott addressed Council informing them that what they were looking at in the drawing was just a hole in the ground. The plan is not to have super high dikes we want to keep them as low as possible so the residents in the area will have a scenic view. You would not want the dikes much over 3 feet high to keep the view.
  o Councilmember Mueller commented that the city could buy the land from where the force main runs north and south to the park. That way the city would always have room for expansion of the pond.
  o Councilmember Trebesch mentioned that basically the city would be buying the land from the fence back to the ditch then from Councilmember Cummiskey driveway over to the fence by the Park.
  § Councilmember Cummiskey replied that it would be from the force main which is just east of the west edge of Bobby Bergmann’s lot line.
  § Councilmember Trebesch commented that this would leave a small strip of land that Councilmember Cummiskey would own.
  o Councilmember Cummiskey informed the other members of Council that he does not want to sell that much land even the smaller pond is bigger than what has been previously discussed. First it was an acre of land that would cover the pond and the dike, now it is an acre and a half plus the dike, this would be about 3 acres. This is more then what he would like to sell.
  o Councilmember Cummiskey commented that another thing that Council has to think about it would take a four-fifths vote and he does not get to vote because the City is buying his property. If anyone on Council is against it there is no sense spending time on this. Council should think about it now before we waste a lot of time.
  o Mayor Malz was in agreement with Councilmember Mueller, for the future of the city, the land is needed for the larger pond.
  o All members of Council and Mr. Parrott continued to discuss what size the pond should be using Options #1 and Option #2, also if they should go with 2 pipe lines or 1 line. They discussed “Option #3” that Mr. Siewert had suggested at the Neighborhood Meeting, putting in the one pipe system which was shown in Option #1 but put in the pond size shown in Option #2. They also discussed where the lines and pond should be placed.
  § Councilmember Cummiskey brought up again that the size of the pond from the original design is now larger and he does not want to sell that much land.
  o Mayor Malz questioned Mr. Parrott if Council goes with the smaller pond now how soon would it be before the pond would have to be increased.
  § Mr. Parrott replied that the final solution for the pond area of 3.4 acres is the size needed for the whole area (300 acres) that is planned for future development on the north side of the city. This would be a long time in the future.
  o Mayor Malz commented that Option #3 would work and it would be a long time before the pond would have to be expanded.
  o Mr. Parrott mentioned that Option #3 is a very cost effective solution that was suggested by Mr. Siewert (618 David Avenue) at the Neighborhood Meeting and deserves consideration.
  o Councilmember Mueller commented that if the Council goes with Option #3 and if Councilmember Cummiskey does not want to sell the whole corner of his property, Council can deal with adding more property 10 or 15 years in the future. It would be wise to purchase all the land that would be needed now but if Councilmember Cummiskey does not want to sell it now this could hold up the whole project.
  o City Clerk Gruenhagen had two questions for Councilmember Cummiskey (1) How much of his land is he willing to give up? (2) If under any circumstance would he be willing to go with one of these options and the amount of acreage he would be looking to sell to the City? Without knowing these answers Council is unable to make a decision, they do not know how much land will be sold to the City and the location of the pond.
  § Mayor Malz commented he thought that this was already discussed and decided on.
  § City Clerk Gruenhagen added that this is one of his concerns with this whole project being on such a tight schedule there is no room for any type of delay.
  o Councilmember Trebesch asked if this land would have to be annexed into the city.
  § City Clerk Gruenhagen replied that he was sure the Township, City also, would want the land annexed into the City.
  o Councilmember Cummiskey reiterated that when this project started he was under the impression that 1 acre or maybe 2 acres would be needed for the pond. He does not want to sell any more than 3 or 3.5 acres. If he sells the whole area then he will not be able to have pasture land for a horse or hay field. He would also like to put an orchard in.
  o Councilmember Mueller asked Mr. Parrott if the pond could be moved west all the way up to the Park line.
  § Mr. Parrott replied yes.
  o Council continued to discuss where the pond could be located and how much land would be needed.
  § When Councilmember Cummiskey was ask about how much land he would be willing to sell he replied 3 or 3.5 acres if that is what it takes to do the project.
  o City Clerk Gruenhagen asked Mr. Parrott if this would be sufficient to do the smaller pond option, total surface area.
  § Mr. Parrott replied yes.
  o Council and Mr. Parrott discussed the width of the pond dikes, height of the dikes, and the shape of the pond and dikes.
  o Councilmember Mueller asked Councilmember Cummiskey if he would sell enough of his land to put the smaller pond in.
  § Councilmember Cummiskey replied that he would sell up to 3.5 acres but does not want to sell any more than that.
  o City Clerk Gruenhagen asked if Council would want to go with Option #3 or does Council want to look at Option #2. Option #2 with the duel pipe system or gamble and take the chance looking at Option #3 that down the road the Council would be able to purchase more land for expansion of the pond.
  § Councilmember Cummiskey asked what the cost of the different piping is.
  § Councilmember Mueller indicated that he would go with Option #3.
  § Councilmember Barnes asked if the cost of the piping (1 line versus 2 lines) would be sufficiently cheaper.
• Mr. Parrott checked the pricing difference and to excavate the smaller pond would be around $20,000 in excavation costs and the larger pond would be about $79,000. The pricing is dependent as to how much dirt will have to be excavated. The savings on doing the smaller pond is about $60,000.
  o Mr. Parrott recommended to Council that a decision should be made tonight at this meeting. He would like to send the plans, whatever plan the Council decides on, in for review to the other agencies that are involved.
  o Mayor Malz asked Council what their opinions were. His opinion is to go with Option #3.
  § Councilmember Barnes agreed that Option #3 would be the best plan.
  § Councilmember Trebesch also agreed on Option #3 but would like to see the City purchase the full 3.5 Acres.
  § City Clerk Gruenhagen asked Mr. Cummiskey what his thoughts would be ten years down the line of selling more land. City Clerk Gruenhagen also asked Mr. Parrott if there are other options if Mr. Cummiskey does not sell any more land.
• Mr. Parrott replied “yes”, by using the 2 pipe system to meet the current MPCA water treatment regulations.
• Councilmember Mueller added that the pond could be moved further in to the Park area if needed.
  § Council continued to discuss the cost savings of going with Option #3, what would happen if no more land would be available to purchase, and in the future the possibility of putting in the second line instead of enlarging the then existing pond. Council also discussed the size of the pipes that would be used and the cost of adding a second line in the future instead of now.
  o Councilmember Barnes asked Councilmember Mueller what his suggestion was, which option he recommends.
  § Councilmember Mueller replied Option #3 and to move the pond as far west to the Park area as possible. If we need the land to extend the pond we can get the property.
  § Mr. Parrott added that his opinion is to go with Option #3 because it makes so much sense. With this option the city does not have to build a big pond now, can expand it later. Build the smaller pond now to meet the MPCA regulations and put in the piping line system which would take the future ponds to the north and in the future expand the pond to meet the design requirements that MPCA sets forth. It is in the Cities best interest to purchase the land now, if it is not a possibility then the City should purchase what they can now and in the future try to obtain the land by negotiation or by some other means.
  o Councilmember Mueller made a motion to go with Option #3, using Option #1 plan for installing one pipe system and Option #2 plan for the smaller pond to be extended in the future and to purchase up to 3.5 acres of land from Mr. Cummiskey (724 Park Avenue) and move the pond location to the west as close as it can be to the east side of the City Park line, seconded by Councilmember Barnes and motion carried. Councilmember Cummiskey abstained.
  
  

Preliminary Engineering Report Update

• Mr. Parrott explained that since the time of presenting the Preliminary Engineering Report on January 13, 2009 the project has evolved and developed through several meetings with city staff and council members. The following is a list of significant items modified in the scope of project as a result of these meetings:
  o Storm sewer piping on Brad Street.
  § Alignment and configuration has changed a little bit.
  o Elimination of the storm water pond on the city’s property located near the north end of Brad Street.
  § This pond has been eliminated.
  o Wetland investigation/testing to determine that no wetlands are present in the proposed south pond area.
  § It has been determined that no wetland were present in that area.
  o The pond location in the area located south of Park Avenue/CSAH 50 and east of the City Park.
  § This has been changed and revised at this council meeting tonight from the January 13, 2009 report.
  o The piping plan for future development areas located north of the project area.
  § This has changed from the January 13, 2009 report, the pipe size got bigger due to the new design and the final plan on how to service those areas for storm water drainage.
• Councilmember Trebesch moved to approve the updated Preliminary Engineering Report, seconded by Councilmember Mueller and motion carried. Councilmember Cummiskey abstained.
  
  

Excavating for Force Main Location (Storm Sewer Pond Site)

• Mr. Parrott asked Council about doing an excavation to find the force main location in the proposed storm sewer pond site. The sanitary sewer lines and the force main line (going to the lagoons) are on the east and north side of the proposed pond area. These lines will have to be crossed on the northeast side of the property in order to get up to County Road 50 and George Street. S.E.H. does know where the sanitary sewer line is located but they do not know how deep the forced main line is. To avoid surprises Mr. Parrott is asking for a local contractor with a backhoe to dig a pot hole trench about 7 to 8 feet deep to locate the forced main line.
  o City Clerk Gruenhagen asked if this would be done on the cities easement and would not require any special arrangements.
  § Mr. Parrott replied yes.
  o Councilmember Mueller suggested contacting Wm. Mueller & Sons, they have the equipment to dig a pot hole trench.
  § Mr. Parrott replied that the company would probably bill the City directly.
• Councilmember Mueller moved to allow the excavating to locate the depth of the forced main line, seconded by Councilmember Trebesch and motion carried. Councilmember Cummiskey abstained.
  
  

MPCA Requirements (Email from Gene Erickson)

• Mr. Parrott explained that Gene Erickson is the person at the Minnesota Pollution Agency that will be reviewing the plan. He will be certifying that the cities plan does qualify and conforms to the Public Facilities Authority requirements for submitting for loans and grant monies. Mr. Parrott had asked Mr. Erickson what are the specification needed when the plan is submitted. Mr. Erickson’s email reply was as follows:
  o A Project Schedule form that will need to be completed.
  o A full time inspection and monthly written construction reports. S.E.H. will need to include that requirement within the project specifications indicating this will be accomplished.
  o Because of the American Recovery and Reinstatement Act (ARRA), the city will need to include in the specifications the Davis-Bacon Wage rates and Buy America requirements. PFA has posted their advisory document on their website, www.deed.state.mn.us/Community/assistance/PDFs/ARRA_ConractAndCompliancePacket.pdf.
• City Clerk Gruenhagen asked Mr. Parrott if they will abide by the American Recovery and Reinstatement Act.
  o Mr. Parrott replied yes.
• City Clerk Gruenhagen also commented that he only had a problem with the Davis-Bacon wage rates. With these requirements anything required by the city?
  o Mr. Parrott replied that S.E.H. will prepare all the documents and put them into the project manual spec book that goes on file. So far S.E.H. already has The Wage Rates Determination; the front end documents that PFA requires, and the buy American clause that the ARRA requires.
• Councilmember Trebesch had a question on the Sanitary Storm/Sewer dates for the Assessment Hearing. The original date was October 20, 2009 and the revised date is October 13, 2009. This meeting has been moved up?
  o City Clerk Gruenhagen replied that it had been moved up to have time to submit it to the county due to the time requirements.
• City Clerk Gruenhagen commented on the MPCA requirements that the city has no options on their requirements. They will have to be followed or the project can not move forward.
• Councilmember Barnes moved to give S.E.H. the authorization to submit the plans and specs to MPCA abiding by MPCA requirements as soon as they are completed, Councilmember Mueller seconded and motion unanimously carried. All Council members were present.
  
  

Revised Schedule – City Clerk Gruenhagen

• If Council has no objection the revised schedule will be followed. This schedule will be submitted to PCA as a guideline.
  

Storm Water Utility Fee

• City Clerk Gruenhagen will work with Mr. Parrott on setting up the storm water utility fee. This should be implemented as soon as possible.
  Assessment Options
• City Clerk Gruenhagen, Engineer Doug Parrott, and City Attorney Mac Williamson had talked about the assessment options. There is some concern about assessing storm sewer, it is unknown is anyone would contest this; it is unknown where it would go legally. The biggest question for Council is for the sanitary sewer, the amount of assessment that the City wants to assess for the sanitary sewer.
• Councilmember Trebesch noticed that last time this was done more grant money was received.
• Councilmember Mueller commented that last time the city put in the sanitary sewer system they received a 50% grant which was for everything (collection system) except for the three lines that are being replaced now. If you would take the 50% that was received before minus the 20% that the city may receive now this would leave 30% to be assessed to the rest of the city and the remaining amount (50%) would be assessed to three lines being replaced. This way everyone would get 50% evening out the assessment but you would have to eliminate Robert Avenue and Donald Avenue. These two streets had paid 100% on their collection system.
• Council discussed how the assessments should be calculated and who should be assessed.
  o Mr. Parrott reminded Council that any amount they would come up with would have to equal or exceed the benefit to the property. Any assessment should be done by unit because of only one hook-up and not by footage. Dollar amount should be based on service not footage.
• Mr. Parrott informed Council that he could come up with an assessment amount by tomorrow and then have City Clerk Gruenhagen submit it to the City Attorney for review.
  o City Clerk Gruenhagen added that what ever dollar amount is assessed a resident can take it to court. The City would then have to prove what was assessed benefits the property by that amount.
• Council continued to discuss how the assessments were done when the previous system was installed. It was decided that the past is the past and this is a new project with a different charge.
  o Mr. Parrott added that there are 37 lots getting the improvements and those lots should pay the same dollar amount. What is applied to the rest of the city is up to Council.
• City Clerk Gruenhagen told Council that what they have to present at the June 8, 2009 meeting is a description of the methodology used to calculate individual assessment for affected parcels.
• Mr. Parrott added that the law for the resolution that council is asked to pass at the Public Hearing does not require the final figure. It just says a reasonable estimate will be at the Hearing. This is according to law not something Jeremy and I came up with.
• Councilmember Trebesch moved to have City Clerk Gruenhagen, S.E.H Engineer Doug Parrott, and City Attorney Mac Willemsen decide on the methodology to use in calculating individual assessments by June 8, 2009, Councilmember Barnes seconded, and motion carried. Councilmember Cummiskey abstained.
• Councilmember Mueller moved to adopt Resolution Number 2009-04 Resolution Receiving Report and Calling Hearing on Improvement for June 8, 2009 at 6:30 p.m., Councilmember Trebesch seconded and motion carried. Councilmember Cummiskey abstained.
  
  

Mr. Parrott added that a representative from the city and a representative from S.E.H should begin talking to homeowners requesting access to backyards.

• Councilmember Trebesch moved to have Maintenance Worker Byerly, City Clerk Gruenhagen or someone from Council along with a representative from S.E.H represent the city and ask homeowners for their permission to get access to their backyards, Councilmember Mueller seconded and motion unanimously carried. All Council members were present.
  

City Clerk Gruenhagen asked for Councils approval to allow Braun Intertec to do the soil borings at the cost of $6,900.

• Councilmember Mueller moved to approve Braun Intertec to do the soil borings at a cost of $6,900, Councilmember Trebesch seconded and motion unanimously carried. All members were present.
  
  

Request from Jim Stuewe

• City Clerk Gruenhagen received a request from Mr. Stuewe asking if the city would extend the sanitary sewer main along Martha Street to his property instead of him putting in a mound system.
  o Mr. Parrott had done some rough estimates if this would be feasible. The main obstacle is how the sewer line would cross the ditch. Some elevation figures he came up with:
  § The top of the sanitary sewer system located just north of the culvert on Martha Street. The top of the road over this culvert is – elevation 998.72
  § The sanitary sewer has a pipe invert (pipe bottom elevation) of – 989.49. About nine feet below the top of the road.
  § The top of the culvert elevation is – 987.9
  § The culvert invert or fall line is – 983.2
  o Mr. Parrott continued, (rounding the number off) the sanitary sewer pipe is setting below ground at elevation 989, the top of the corrugated metal culvert is at elevation 988, so this means that the sewer line is about a foot and a half above the top of the culvert, higher than the top of the culvert. The sewer line is also about 9 to 10 feet lower than the road. What this means is that there are two options. One is to hook into the sanitary sewer manhole with an 8 inch gravity line and run over the top of the culvert but below the road level. The sewer line would have to be insulated between the culvert crossings and then extend further up to the south. Ground elevations (GND) along the road in the ditch are the lowest ground elevations in this area. If the 8 inch gravity line was extended south the line would be only three and a half feet in the ground. This can work however if the sewer line was extended south it would be better to locate the gravity line on higher ground further away from the road ditch. The land does get higher moving east and to the south. The other option for the homeowner is to put in a grinder pump, a small force pump using a 2” diameter plastic pipe running from their home all the way to the city sewer manhole located north of the culvert. Another option would be to use a combination of both; use a gravity line part of the way and then pump the waste the rest of the way.
  § City Clerk Gruenhagen informed Council that he had spoken with Mr. Stuewe to bring his request officially to Council during a regular City Council Meeting. Until this is done no further action should be done until a formal request is made.
  § Council agreed with this suggestion.
  
  

Water Tower Purchase from NYA

• City Clerk Gruenhagen asked if anyone had any questions concerning the idea of purchasing Norwood/Young America’s water tower.
  o Mayor Malz indicated that he is no longer considering this project.
  o Councilmember Barnes commented that with the I/I Project, purchasing the water tower should not be made at this time.
  o Councilmember Cummiskey added, not without a grant.
  § City clerk Gruenhagen mentioned that he had spoken with Ron Seymour (SEH Sr. Community Development Manager) that it is to late this year to apply for a grant but maybe next year.
  
  

To The Home internet – Shawn Sprengeler

• Mr. Sprengeler was at the meeting to answer any questions Council may have on what steps need to be taken to take this project to the next level and what level the City of Hamburg is interested in pursuing this project.
  o City Clerk Gruenhagen responded that he has received some interest from City residents but a lot of interest outside the city limits. There seems to be enough interest for Mr. Sprengeler to look into using the water tower. It is up to Council to decide if they want to move forward on this. This was discussed at the last City Council Meeting and Council wanted to allow more time to get residents input.
• Mayor Malz asked if anyone has asked about cost.
  o City Clerk Gruenhagen replied that some have and he gave them the ToTheHome.com website and mentioned that there is a $100 installation fee and a cost of $25 per month.
• Mayor Malz asked how far out from the city limits would the signal go.
  o Mr. Sprengeler replied 4 miles out, a 4 mile radius.
• Mayor Malz asked if the weather or cold would affect the service.
  o Mr. Sprengeler replied that the service has not had any weather related causes but the equipment fails at a certain weather conditions such as -40 below temperatures. The equipment they install at the water tower would be the main concern due to weather related conditions.
• Mayor Malz commented that in his opinion there is no reason not to proceed if residents want to sign up for the service. Mayor Malz questioned the liability and if there would be any revenue for the City of Hamburg.
  o Mr. Sprengeler addressed these questions by replying that a lot of cities have wanted this type of infrastructure installed due to the economic benefits for the residents and also for cities to improve city services as a whole. As examples the City of Chaska spent over a half million dollars out of the cities capital budget, Moorhead spent a little over $600,000 just on the equipment, Houston spent $4 million for this type of service. Cologne did not have to put in any capital investment to bring this system in and they do not have to operate it.
  o Mr. Sprengeler added that he wants to bring in affordable service as opposed to the current $40 a month service. The service he would like to bring in would cost $20 to $25 per month for Broad Band or High Speed Internet service. To keep the cost low their overhead has to be minimal in terms of cash flow. Due to the cities size there is not a huge revenue potential. By allowing To The Home Internet to install antennas and cabling on the cities water tower they would allow the City of Hamburg free use of the internet.
• City Clerk Gruenhagen asked if Council could receive a copy of the contract, model agreement, for them to review to see if they want to move forward. A copy should also be sent to the cities attorney (Mac) for his review.
  o Mr. Sprengeler replied that he would send one to the city office.
• Councilmember Cummiskey asked if any electrical hook ups are needed.
  o Mr. Sprengeler answered that they would need about 4 watts.
• Mr. Sprengeler informed Council that he would contact Embarq and/or Mediacom for they would have to build out to the water tower where the equipment would be located. This would not be a problem because Embarq did this for Cologne.
• City Clerk Gruenhagen suggested that if Council wants to pursue this the next step would be for them to receive and look over the lease agreement Mr. Sprengeler has with Cologne.
  o Councilmember Cummiskey added that a copy of the Cologne agreement should be sent to the cities attorney for his review and have him draw up a draft contract between the City of Hamburg and To The Home Internet service provided by Mr. Sprengeler. Council could then review the drafted contract.
  o Council agreed that this would be the next step in deciding if they want to proceed with the project.
• Mr. Sprengeler mentioned that his workers would need 24/7 access to the tower to get at their equipment. They had over looked adding this in Colognes contract.
  o City Clerk Gruenhagen asked Mr. Sprengeler to make a note of this on the copy of Cologne’s contract that will be sent for review.
• City Council and Mr. Sprengeler discussed the size of the equipment and where it could be placed.
  o Councilmember Mueller asked if the box holding the equipment is water tight and Mr. Sprengeler replied yes.
  o Mayor Malz commented that this can be tabled till next Council meeting once the copy of the contract is received and reviewed.
• Mr. Odoms, 150 Jacob Street, informed Council that he has modified his web site and has added information about To The Home Internet including an interview with Mr. Sprengeler. The information can be accessed by logging into his website: www.hamburgminnesota.com.
  
  

Dennis’ Report (Public Works & Utilities)
(Maintenance Worker Byerly arrived at 8:53 p.m.)

Lawn Mower

• Mayor Malz asked what size deck is on the lawn mower.
  o Maintenance Worker Byerly answered 60”.
  o Mayor Malz requested the deck be dropped off and the lawn mower taken to a John Deere dealership to find out how much it would cost to repair it.
  § City Clerk Gruenhagen added to just get an estimate before any work is done.
  

Estimate for Sidewalk

• City Clerk Gruenhagen had spoken with Mr. Harms of Hard Stuff Masonry & Concrete asking for a proposal/contract agreement for he had only submitted a quote. City Clerk Gruenhagen is waiting for the contract agreement.
  

Seal Coating – Southwest Paving

• City Clerk Gruenhagen received the revised proposal from Southwest Paving removing the crack sealing from the proposal. Southwest Paving only lowered the cost by $140. When compared to the other bids they were still the lowest estimate.
  Sewer Project
• City Clerk Gruenhagen commented to Maintenance Worker Byerly that he should be more involved with the Sewer Project, be at more of the meetings so he knows what is going on with the project. Council informed Dennis that he and a representative from S.E.H will be talking to the residents about getting permission to access to their backyards.
  o Mayor Malz added that Maintenance Worker Byerly should be more involved because this project is going to start moving quickly ahead.
  

Time Off Request

• Maintenance Worker Byerly requested May 27, 28, and 29, 2009 off. He will do rounds and be available for emergencies.
• Councilmember Mueller moved to allow Maintenance Worker Byerly his time off request for May 27, 28, and 29, 2009, Councilmember Barnes seconded and motion unanimously carried. All Council members were present.
  
  

Councilmember Muller asked Maintenance Worker Byerly to get a load of black dirt and put it around the gate valves at the WTP and some spots around the Community Center.

Water Fountain in Park

• Mayor Malz asked if the water fountain located in the city park works.
  o Maintenance Worker Byerly replied that he has tried to put new gaskets in but the water fountain is so old that he can not get it to work. What is broken is really the cooler and the fountain part leaks. Every year he fixes the leaks but this year it drips constantly.
  o Mayor Malz instructed Maintenance Worker Byerly to purchase a small stainless steal water fountain.
  o Councilmember Cummiskey informed Council that he has an almost new refrigerator water fountain at home and Maintenance Worker Byerly can come by and pick it up to install.
  

Lights on Park Restrooms

• Mayor Malz brought up the lights in the back room of the “warming house” that work on a timer. There is no need for these lights to be burning all night.
  o Council agreed that having them on all night is wasting electricity. They discussed what could be done and decided to have Maintenance Worker Byerly put pull strings on them so they can be turned off.
  

Coolers in Park

• Councilmember Trebesch asked if the refrigerators are running in the Park.
  o Maintenance Worker Byerly replied that he has checked them and they are working but are unplugged at this time.
  
  

Maintenance Worker Byerly asked Councilmember Mueller what manhole he wanted him to measure. Councilmember Mueller replied the MH Number 3 in front of the Bank and MH Number 4 by Maria Avenue.

Maintenance Worker Byerly asked Council if he could put some food items in the Hall Cooler for this weekend, May 30, 2009, for he is having a Graduation party at the Community Center that day.

• Council did not know why not, no one was renting the Hall for that day.
  

Deputy Clerk Block’s Report

Delinquent Utility Bills Report

• Deputy Clerk Block reported that nothing really has changed the same persons are still delinquent and will have to be notified.
• The minutes are completed up until the end of April. Council will need to approve March and April minutes.
  
  

City Clerk/Treasurer Report

May 13, 2008 Motion – Street Closing for Civic Purposes

• City Clerk Gruenhagen had spoken with City Attorney Mac Willemssen and he reviewed the motion: (Councilmember Cummiskey moved to not allow any city street closings unless it would only be for civic purposes. Councilmember Mackenthun seconded the motion. Councilmember’s Trebesch, Cummiskey, and Mackenthun voted aye, Councilmember Mueller voted nay. Motion carried.)
  o The word “civic” means citizens. If a citizen would come before Council and request a street closing Council could grant the request with the motion stated above.
  

Background Fees (Carver County) – Liquor Licenses

• City Clerk Gruenhagen informed Council that he had sent in three requests for liquor license back ground checks and the city was charged for that service in the amount of $47.80 per request. Council may want to consider charging organizations a fee to help cover the cost of the background checks. It would be Councils decision if they want to charge a fee or not but it should be considered.
  o Councilmember Mueller asked how often organizations such as the Lions Club request a 3.2 liquor license.
  § City Clerk Gruenhagen replied that background checks are done once a year for 3.2 licenses.
  
  

2009 Budget Summary & Hours Worked

• City Clerk Gruenhagen asked Council if they have any questions or if they would ever want to know what is all entailed in this report or if Council would like it broken down more to let him know. City Clerk Gruenhagen puts in the report so Council can see the Cities current cash flow.
  o Mayor Malz suggested just showing Council what is in the check book at the end of the month.
  · City Clerk Gruenhagen continued by informing Council what each fund has;
  o General Fund - $183,753.01
  o Special Revenue Funds which are set aside for future purchases - $67,390.32
  o Debt Service - $57,149.37
  o Capital Project Fund (Maria Avenue) this project has been completed and there is a surplus of $645.12. This amount will be put in the Debt Service fund.
  o Water and Sewer cash on hand - $224,639.63
  o The report also showed the Debt Summary and Cash Flow Actuals.
  o Taxes bring in 70% to 80% of the cities income and are received in June and December.
  
  

Community Center Rentals – Use of Alcohol

• City Clerk Gruenhagen informed Council that city attorney Mac is reviewing the Community Center Lease agreement concerning the serving of alcohol in the building.
• City clerk Gruenhagen is also going to ask Mac what type of liability coverage the City should carry. The cities insurance policy is coming due in July 2009.
  
  

Comprehensive Plan – Zoning Ordinances

• A special meeting will be held on June 9, 2009 at 6:00 p.m. with Ann Perry to go over the final comprehensive plan and draft zoning ordinances.
  
  

Potential Refunding of Existing Bonds – Ehlers & Associates

• City Clerk Gruenhagen informed Council that Ehlers & Associates had sent a letter informing Council of potential refunding of existing bonds due to the lower interest rates. However at this time there does not seem to be any significant savings for the City.
  
  

City Council Reports

Councilmember Mueller (Sewer & Water) had nothing further to report.

Councilmember Cummiskey (Streets)

• Councilmember Cummiskey brought up the subject of the Emerald Ash Borer infestation and suggested the city should have an ordinance about storing diseased wood or bringing it into the city.
  o City Clerk Gruenhagen will check the city ordinances on this issue.
  
  

Councilmember Trebesch (Buildings)

• Councilmember Trebesch commented that it was his turn to close the pond gate this Saturday, May 30th.
• Councilmember Trebesch asked if there is a known starting date to replace the sidewalk on Railroad Street.
  o City Clerk Gruenhagen responded that he has spoken with Mr. Harms (Hard Stuff Masonry & Concrete) asking him to submit a contract. Mr. Harms had submitted an estimate but not a contract. As of this meeting Mr. Harms has not returned one. City Clerk Gruenhagen will follow up on this.
  
  

Councilmember Barnes (Parks) had nothing further to report.

Mayor Malz

• Mayor Malz asked to have a Thank You note sent to Specialized Environmental Technology Inc., the facility where he got mulch from for the city. He had asked for three cubic yards and received almost a payload.
  o City Clerk Gruenhagen will send a “Thank You”.
• Mayor Malz asked if the solicitor or peddler that is going around town has applied for a Peddler/Solicitor/Transient Merchant Permit. Mayor Malz informed the person that he would need a permit.
  o City Clerk Gruenhagen informed Council that there is a $25 fee and a background check has to be completed before they can solicit in town.
  o Mayor Malz has his business card and will call him to inform him he has to apply for a permit.
• Mayor Malz commented that he had received a complaint about some pigeons being harbored in town but have gotten lose.
  o City Clerk Gruenhagen informed Council that this has been addressed, a copy of the ordinance dealing with this issue has been sent to the owner. From what he has heard between the neighbors and the owner this issue has been resolved.
  o Ordinance states animals (including pigeons) are to be caged.
  
  

Approve Claims List for May 2009

City Clerk Gruenhagen informed Council that the ACH payment, PERA Withholding for May, that had a blank amount should be $862.75. This ACH payment and check numbers 13843 to 13858 should be approved.

• Councilmember Trebesch questioned claim number 13849. He asked about the background checks if City Clerk Gruenhagen knew how much the charge was per hour.
  o City Clerk Gruenhagen replied that it is somewhere around $30 per hour.
• Mayor Malz asked about claim number 13855, S.E.H payment of $27,443.61 if this money will come back out of the project for city reimbursement.
  o City Clerk Gruenhagen replied no, the amount paid to SEH is coming out of the Sewer fund.
  
  Councilmember Barnes moved to approve the May 2009 Claims List from claim number 13843 though claim number 13858 including the PERA ACH Payment of $862.75, seconded by Councilmember Trebesch and motion unanimously carried. All Council members were present.
  
  
  
  
  Councilmember Cummiskey moved to adjourn the Hamburg City Council meeting at 9:55 p.m., seconded by Councilmember Barnes and motion unanimously carried. All Council Members were present.
  
  
  Submitted by:
  
  
  Sue Block Deputy Clerk

Hamburg City Council Minutes - May 12, 2009

Mayor Malz called the regular meeting of the Hamburg City Council to order at 7:00 p.m. Councilmember Larry Mueller, Councilmember Brian Cummiskey, Councilmember Steve Trebesch, Councilmember John Barnes, City Clerk Jeremy Gruenhagen, Deputy Clerk Block, and Fire Chief Brad Droege were present. Others present were Stacie Franck (Lions Club). Maintenance Worker Dennis Byerly was absent until 8:08 p.m.

Agenda Review (Added Items) and Adoption

• Added – Hamburg Lions Club request for a Lawful Gambling Permit for Poultry on November 20, 2009.
• Added – Parking Ordinance.

Councilmember Mueller moved to approve the agenda with the two additions, seconded by Councilmember Trebesch and motion unanimously carried. All Council Members were present.

Old City Business

• Mayor Malz commented that he is still working on getting the Hamburg web sight set up.
• Councilmember Cummiskey asked when council will move on the evaluations forms.
  o City Clerk Gruenhagen replied that he will bring this up under his report.
  
  Fire Department Report – Chief Brad Droege
  

2009 FEMA Grant Application

• Fire Chief Droege is about 80% done with filling out the narrative part of the application and will be able to submit it on time.
  

Sibley County Fire Chiefs Meeting

• The Sibley County Fire Chiefs Meeting will be held at the Hamburg Community Center on July 9, 2009 at 7:00 p.m.
  

J-5 Rig

• The call lettering has been completed and the rig is ready to go.
• Fire Chief Droege asked Mayor Malz to sign the form transferring ownership of the J-5 rig from Green Isle to the City of Hamburg.
  o Mayor Malz signed the transfer of ownership papers.
  

Joint Powers Agreements – Article in LMC Magazine

• City Clerk Gruenhagen pointed out that when the Mutual Aid Agreement with Washington Lake Township was signed there was some concern about the indemnity of responsibility section in the agreement that was taken out. The LMCIT sent out a memo recommending that:
  o The employees of the responding party be treated as employees of the requesting party and under the command of the requesting party. The governmental unity receiving assistance should defend and indemnify the responding party. LMCIT also recommends that each party be responsible for its own workers’ compensation costs and damage to their own property, regardless of who is at fault.
  o City Clerk Gruenhagen recommended that when the Joint Powers Agreement is renewed it should be sent to the League for review. LMCIT will assist cities by reviewing joint powers agreements at no charge.
  

City Old Business – Not Allowing Street Closures

• Fire Chief Droege questioned the Councils decision, at a previous council meeting, not allowing street closures. He was wondering if City Clerk Gruenhagen had any follow up clarification on this.
  o City Clerk Gruenhagen and Council discussed the original motion made by Councilmember Cummiskey on how the motion was stated and if Watertown had been contacted for their policy on street closings.
  o City Clerk Gruenhagen thought allowing streets to be closed could be done by issuing a permit. He will look into it again.
  o Mayor Malz asked to have the wording of the motion clarified and add this topic to the next council meeting agenda.
  

Lions Club Gambling

• Stacy Franck, representing the Hamburg Lions Club, requested a Lawful Gambling Exempt Permit for the Lions Poultry Party which will be held on November 20, 2009 at the Hamburg Hall. They would like to have bingo, gambling, and tip boards.
• Councilmember Cummiskey moved to grant the Hamburg Lions request for a Lawful Gambling Exempt Permit for the Poultry Party to be held on November 20, 2009, seconded by Councilmember Barnes and motion unanimously passed. All Council members were present.
  
  Deputy Clerk Block’s Report
  

Delinquent Utility Bills Report

• Deputy Clerk Block reported that Chris Tordsen had informed the city office that he would make another utility payment on April 29, 2009, however, as of this council meeting no additional payment has been received. The city office has sent him letters, certified notices, and the CSO has posted water shut off notices on his door. The city has been very patient in waiting for payments that Mr. Tordsen had set up and agreed upon but every agreement was broken. What ever dollar amount is delinquent in November 2009 that amount will be assessed to his taxes
  o Councilmember Mueller commented that Mr. Tordsen has been slowly chipping away at his bill. It’s not that he has not paid anything towards his bill, so lets not shut his water off at this time. Other members of Council agreed.
• Councilmember Trebesch questioned the delinquent water bill for 941 Park Ave. Jeff Muri is the owner of the property and isn’t he responsible for the renter’s delinquent amount.
  o Deputy Clerk Block replied that Mr. Muri had called the City Office and requested that a copy of the water bill be sent to him.
  o The renters of the property (941 Park Ave) had previously called the City Office informing them that they no longer live at this address, they have moved out.
  o City Clerk Gruenhagen added that the City has not received official word that the renters have moved out and it may not be theirs or the Sheriff’s Office’s responsibility to notify the City.
  
  City Clerk/Treasurer Report
  

I & I Abatement Program Update

• City Clerk Gruenhagen reported that he had received a call from Becky Sabie of the Minnesota Public Facilities Authority and that they will be the Minnesota organization working with the stimulus monies. What she said is that it will be about a 20% grant which will be called Principal Forgiveness trying to get around Federal requirements tied to stimulus money. The rest of the project would be a low interest loan with an interest rate of about 2.75% to 2.8%. The monies will be given out on a first come first serve bases. The City has to submit a PCA certification and a bid cost estimates to the PCA to be considered for the stimulus money. Within the next month there should be more information on the stimulus money.
• Councilmember Trebesch asked how far the City is away from getting this all in.
  o City Clerk Gruenhagen answered that Councilmember Mueller, Mayor Malz, and himself will be meeting with Doug Parrott (S.E.H.) on Thursday, May 14, 2009, to get a schedule update. The project is at the final design stage now.
• Councilmember Mueller asked if the 20% grant money would be for both, the sanitary sewer and storm water projects.
  o City Clerk Gruenhagen replied that according to Ron Seymour he is hoping the 20% stimulus money will be for both projects but this has not been clarified. Clerk Gruenhagen suggested following up with Doug Parrott about this.
• City Clerk Gruenhagen reported that Doug Parrott (S.E.H.) would like to set up a Neighborhood Meeting for May 19, 2009 (Tuesday) at 6:30 p.m. This meeting would be posted as a Neighborhood Meeting (open meeting laws would still be in effect) hosted by Mr. Parrott and himself. Council would be audience participants. Notifications will be sent out to all affected property owners.
  o Councilmember Cummiskey moved to have a Special Neighborhood Meeting on May 19, 2009 (Tuesday) at 6:30 p.m., Councilmember Mueller seconded and motion unanimously carried. All Council members were present.
• City Clerk Gruenhagen noted to Council that Ann Perry would like to meet before the June 9th, 2009 City Council meeting to finalize the Comprehensive plan and go over some Zoning Ordinance changes.
  o Councilmember Trebesch moved to have a Special Meeting with Ann Perry to go over the Comprehensive Plan and Zoning Ordinance review on May 19, 2009 at 6:00 p.m., Councilmember Mueller seconded and motion unanimously carried. All Council members were present.
  

Carver County Base Fiber Optic Ring

• City Clerk Gruenhagen had previously asked Carver County if they would want the Fiber Optic Ring to go on the North or South side of Park Avenue. They replied back asking the city which side we would like the line on.
• City Clerk Gruenhagen was under the assumption that they would come out and do some pre-construction analysis to find out what works best for them.
• City Clerk Gruenhagen asked Council if they had any preference on with side of the street the line should run. Clerk Gruenhagen feels they should come out and assess the area to find out what works best for them.
• Councilmember Mueller commented that from Railroad Street going east on Park Avenue would be better going on the north side of the street because on the south side the line they would have to cross the storm sewer lines three times.
• Members of Council discussed different options, depth of line, crossing the sewer lines, etc. Council agreed that it should be up to Carver County to decide on what side of the street would be the easiest for them to install the line. It is their R.O.W. and it should be their decision.
• City Clerk Gruenhagen informed Council that he would contact Doug Parrott (S.E.H.) and have him draw up a map showing where everything will be located under ground for the I & I Abatement Project and send it to Carver County.
• Councilmember Mueller commented that he thinks the line should go down Jacob Street then down Maria Avenue instead of County Road 50. However, it is totally up to them on the route of the line.
  

Additions via Laterals Based upon Funding from Stimulus Funds

• City Clerk Gruenhagen reminded Council of the emails he had sent to the County and copied them concerning the two additional laterals, one going to the Water Treatment Plant and other one going to the Community Hall (City Maintenance Shop)
• Councilmember Trebesch asked if they were the ones putting green lines in the city streets.
  o Councilmember Mueller replied that Maintenance Worker Byerly was marking all the under ground lines.
  

Clarke Mosquito Control – Outdoor Pest Control Dates for 2009

• City Clerk Gruenhagen informed Council of Clarke Mosquito Control schedule. They will start spraying from May 20, 2009 to August 26, 2009. The spraying will be done every two weeks during that period. Due to weather conditions or other factors the schedule may change. If the city wants to change any of the dates then Clarke Mosquito would like a three day notice.
  

To The Home Internet

• City Clerk Gruenhagen reported to Council that he had two inquiries about the wireless network.
• Mayor Malz added that he has had several inquiries from people who live in the township.
• City Clerk Gruenhagen mentioned that he did put a notice in the paper that if anyone is interested they should contact the City office.
• City Clerk Gruenhagen reported on the letter he received from Mr. Odoms (150 Jacob Street) that To The Home Internet is looking at an alternate route outside of town. In his opinion the wireless internet would not hurt or harm anything if the wireless network would be installed for the city. The city probably would not gain anything financially from it anyway.
  o Mayor Malz commented that it would be minimum or no profit for the city.
• Councilmember Trebesch asked if they were still going to place the equipment on the cities water tower.
  o Mayor Malz and City Clerk Gruenhagen both replied yes.
• Councilmember Barnes asked if To The Home Internet would need to use the building located just below the water tower for their equipment...
  o Council discussed what they had heard from the last council meeting discussion.
  o Mayor Malz suggested that Mr. Sprengeler be asked to attend another council meeting to clarify this.
• Councilmember Mueller added that some type of agreement should be made so the City is not liable or responsible for anything.
  o Councilmember Cummiskey stated that the City should get a copy of Mr. Sprengeler insurance policy.
  o City Clerk Gruenhagen suggested that some type of agreement be written up and reviewed by legal (Mac).
• Councilmember Cummiskey thought that something should be put on the Cities electronic sign about the possibility of a wireless network coming to town and to call the City Offices if you have an interest.
• Councilmember Mueller commented that the company should promote their wireless network themselves.
  o City Clerk Gruenhagen added that he was not going to put a lot of city time in to advertising when the city is not going to benefit from it however, he would put a message on the city sign.
• City Clerk Gruenhagen suggested meeting with Mr. Sprengeler again to go over how he is going to promote his business. It is his business and the city should not be promoting it for him. It looks like Mr. Sprengeler is waiting to hear from the City to give him the go ahead to move forward. The city has to decide if they want Mr. Sprengeler to provide the service or not. Then leave it up to him to send out flyers to drum up business.
• Mayor Malz suggested getting a hold of Mr. Sprengeler to come to another council meeting.
  o City Clerk Gruenhagen will contact him and set something up.
  

Community Center Rentals – Use of Alcohol

• City Clerk Gruenhagen informed Council that in the Community Center rental agreement it states that alcohol is not permitted unless there is a written agreement from Council allowing alcohol in the building.
• City Clerk Gruenhagen asked if Council would like the same type of wording that is in the Hall rental agreement be added in the Community Center rental agreement, allowing alcohol in the Community Center. He guessed that Council did not want to have an on-sale liquor license or allow alcohol to be sold within the building. Just allow 3.2 beer to be given away, without any compensation.
• Council discussed and decided to allow alcohol in the Community Center.
• Councilmember Cummiskey moved to add the last paragraph from the Hamburg Hall Lease Agreement – Liquor, wine, and beer may be served in connection with events at the Hamburg Community Center if they are neither sold nor exchanged for compensation. If beer, wine, or liquors are consumed upon said premises by the Lessee or by any guests, invitees, patrons of any kind or any other third parties, Lessee shall assume all responsibility for such consumption and for all resulting actions and behavior of said persons caused or influenced by such consumption of beer, wine, or liquors, Councilmember Mueller seconded and motion unanimously carried. All Council members were present.
  

Employee Evaluations

• City Clerk Gruenhagen suggested setting up a committee, two council members and himself, to review the employee evaluation forms. The committee would make any changes or additions and then present the changes to City Council for review and approval.
• Mayor Malz asked for volunteers.
  o Councilmember Cummiskey and Councilmember Trebesch volunteered
  o If one or both would be unable to commit to the committee then either Councilmember Barnes or Councilmember Mueller could be a replacement.
• City Clerk Gruenhagen will set up a meeting to review the job descriptions and then review the evaluation forms.
  

Projection Screen

• Fire Chief Droege asked if the projection screen was located and brought to the Community Center.
  o City Clerk Gruenhagen replied that Maintenance Worker Byerly had said the screen was up at the Hall and he will bring it to the Community Center.
• A suggestion came up about purchasing a new projection screen, one that would pull down from the ceiling. City Clerk Gruenhagen will follow up with the Lions Club if they were going to purchase a new pull down screen. The cost for a good screen is around $200.
  
  Dennis’ Report (Public Works & Utilities)
  
  City Clerk Gruenhagen reported to Council that he did not receive any word from Maintenance Worker Byerly that he was not going to be present at this meeting. City Clerk Gruenhagen will present the Public Works & Utilities report.
  
  

Project List

• Councilmember Mueller questioned if Maintenance Worker Dennis Byerly had mentioned anything about public nuisances within the city.
  o City Clerk Gruenhagen mentioned that he had spoken with Maintenance Worker Byerly about reporting any public nuisances when he reads the water meters. City Clerk Gruenhagen asked Deputy Clerk Block if Dennis made any notes on the meter reading form.
  § Deputy Clerk Block replied that he did not.
  o City Clerk Gruenhagen will drive around town and take some pictures of nuisance areas and then send out letters.

Water Main Leak (Brad Street)

• There was a water main leak on Brad Street and Henning’s will be coming out Wednesday, May 13, 2009, to fix the leak.
• Councilmember Mueller commented that a locate company was hired. Larry stated it was probably cheaper to hire a locate company for $500 or $600 then to dig up different areas trying to find it.
• The water in the area of Brad Street will have to be shut of for a brief period of time.
  

NYA Water Tower – Update

• Mr. Parrott (SEH) relayed the following information to City Clerk Gruenhagen about the NYA water tower:
  o The tower is a 300,000 gallon tank
  o A new water tower would cost between $900,000 and 1 million dollars.
  o To disassemble the NYA tank, move it to Hamburg, and reconstruct it the cost would be around $250,000 to $300,000. This amount does not include soil boring samples, engineering services, labor cost, connection fees, or tank inspection cost once reconstructed.
  o The water level is 85 feet to 115 feet which would give the City of Hamburg a water pressure of 37 to 50. Because of its size some type of equipment would be needed to circulate the water in the tank to prevent it from freezing during the winter. The City would gain about 5 pounds of pressure.
• Mayor Malz questioned because of its height how does it compare with the water pressure the city has now.
  o City Clerk Gruenhagen estimated that the new water tower would be about 10 feet higher then the one we have now.
  o Councilmember Mueller commented that the city would gain about 5 pounds of pressure.
  o City Clerk Gruenhagen added that the tower could be made taller which would add more water pressure but at a higher cost.
  o Councilmember Mueller added that it would all depend on where the water tower would be located. Right now the comparison between the two is based on where the water tower is currently located.
• Councilmember Trebesch questioned if the old tower would still be used.
  o Councilmember Mueller answered that he does not think so.
• Councilmember Trebesch asked how big the tower we have now is.
  o Fire Chief Droege replied it is a 50,000 gallon tank.
• Councilmember Trebesch asked if the current water lines could handle the added pressure.
  o Other members of Council replied that they did not know why they would not. The added pressure is a small amount, its not like it would be 70 lbs. of added pressure.
• City Clerk Gruenhagen commented that he does not know if Council wants to pursue this any further and asked for Council’s opinions.
  o Council discussed the different ways the water tower could be moved and the cost involved.
  o Councilmember Mueller does not know where the money would come from, the water fund is broke.
  o Councilmember Cummiskey asked how old the “new” NYA water tower is.
  § Council replied that it is 15 years old.
  § Councilmember Mueller replied that Hamburg’s current water tower was built in 1930 or 1940 which puts it at 69 or 79 years old.
  o Councilmember Trebesch asked what the condition of the current Hamburg water tower is.
  § The reply from other members of Council was that it was in good shape.
  § City Clerk Gruenhagen answered indicating that the inside of the tank will have to be re-painted soon.
• Mayor Malz asked Council to think about this and that this proposal should not be forgotten.
• City Clerk Gruenhagen added that he would like to run this by Ron Seymour (S.E.H.) to find out if there is any grant money available. This may cost the City a few hundred dollars but it may be worth it.
  o Council agreed that this would be a good idea.
• Council continued to discuss this issue on various different topics.
  

Cell Phone Usage – Maintenance Worker Byerly

• City Clerk Gruenhagen was hoping that Maintenance Worker Dennis Byerly would be at the Council meeting to help explain the high minute usage.
• City Clerk Gruenhagen informed Council that over a two month period at least $100 was spent on minutes. With pay-as-you-go calls can not be tracked. City Clerk Gruenhagen does not know how he can be using this many minutes, right now the city is paying $52 a month for minutes.
• City Clerk Gruenhagen suggested switching plans so the phone numbers could be tracked. In his opinion the cell phone is being used for personal calls. There is no way he can use 260 minutes per month on city business.
• Council discussed the various plans and agreed to have City Clerk Gruenhagen purchase a new plan once the minutes purchased are used up.
• City Clerk Gruenhagen will also remind Maintenance Worker Byerly that the city purchased cell phone is for city business only.
• Council continued to discuss the issue of using the city cell phone for personal use and what plans are better then others.
  

2009 Budget Cuts – LGA Loss for 2009

• City Clerk Gruenhagen gave Council a list of items that could be cut from the 2009 budget and asked council to priorities them. There is about $62,150 worth of items that could be cut. Council does not have to go to extremes but there are some possibilities on the list to cut.
  o The City of Hamburg was certified to receive $59,961 (LGA) in 2009. The Governors current proposal is to cut $21,641 from LGA and in the House of Representatives they are planning to cut $6,282 from the LGA.
  o It could be until the end of June before the City of Hamburg knows what the actual LGA cut will be for 2009 and 2010.
• City Clerk Gruenhagen continued to suggest that the first two items, that could be cut, are the Equipment Replacement and the City Maintenance Funds, the two put together total over $14,000. Also with the cutting of Maintenance and Deputy Clerk hours the cost savings to the city is about an additional $4,000 to $5,000.
  o Adding these items together would about equal what the city needs to cut for this years budget.
• Mayor Malz suggested holding off on redoing the City Shop driveway for another year.
  o City Clerk Gruenhagen added this would save the city at least $15,000. Any project that is cut this year should be held off for another two years because in 2010 the government cuts may double.
• Fire Chief Droege informed Council that the Fire Department can not carry over a balance in their Gambling Fund from year to year.
  o Mayor Malz added that this means the Fire Department has to lower the gambling fund balance by the end of the year. The city can not hold the money as if it were a savings account, the money has to have a purpose.
  o Fire Chief Droege gave Council an example:
  § The Fire Department will make a $10,000 payment towards the Tanker but in return the City puts $5,000 in the Fire Departments Relief Fund. This would save the City $5,000.
  o City Clerk Gruenhagen asked what the time frame was for using the money.
  § Mayor Malz replied that a check would have to clear by the last day of the year. The check could not carry over into the next year.
• City Clerk Gruenhagen commented that the main purpose for the 2009 Budget Cuts worksheet is for Council to prioritize what projects should be done this year and which projects should be put on hold.
  

Estimates for Sidewalk Replacement

• City Clerk Gruenhagen informed Council that he is waiting on an estimate from Hard Stuff Masonry & Concrete (Don Harms). The Council had requested Mr. Harms to break out his costs.
  o There were no estimates on a truncated dome or Ped ramp for the end of the sidewalk.
  o Hard Stuff Masonry estimate to do just the sidewalk portion on Railroad Street from Maria to Sophia basically came in at $8,389.50.
  § On this portion he was the lowest.
  o His estimate to do the other sidewalk from the alley down to the corner of Henrietta and Railroad was $4,180.50.
  § On this portion he was higher.
• Chard Tiling estimate was $10,792.40.
• Hanson & Vasek Construction, Inc. estimate was $14,280.
• Councilmember Trebesch questioned the quotation from Hard Stuff Masonry & Concrete (Don Harms) which lists the sidewalk across from Parkside Bar as 133 feet x 9 feet wide.
  o Councilmember Mueller and City Clerk Gruenhagen replied that they have asked Mr. Harms to redo his estimates and change the sidewalk width from 9 feet wide to 5 feet wide.
  o City Clerk Gruenhagen will ask Mr. Harms to clarify in his estimate if he is going to remove the cement or not.
• Councilmember Mueller commented that Don Harms (Hard Stuff Masonry & Concrete) should be contacted to do just the section along Railroad Street (Maria to Sophia). He is about $2,000 under what the City has budgeted.
  o Councilmember Trebesch questioned if Mr. Harms price would be the same without doing the other part. Would doing both sections be cheaper than doing just one?
  § Mayor Malz replied that it does not say anything different.
  § City Clerk Gruenhagen replied that the quotation would be a ballpark figure, not a bid.
  o Councilmember Mueller added that Chard has a $600 mobilization fee if he would have to come back to do the other section from the alley down to the corner of Henrietta and Railroad.
  o City Clerk Gruenhagen reminded Council that they had budgeted $10,000 for this repair.
  o Councilmember Mueller commented that the City is trying to cut some money out of the budget and by doing both sections the City would have to come up with extra funds. There also would be landscaping costs. Any restoration will be done by Maintenance Worker Byerly.
  o City Clerk Gruenhagen noted that Hard Stuff Masonry & Concrete is about $2,400 cheaper than the others estimates.
  o Fire Chief Droege reminded Council that there are 5 drains in the sidewalk. Council acknowledged that they were aware of them.
  o Councilmember Trebesch asked if Xcel Energy will be asked if they want to put new poles in, the sidewalk goes around the poles.
  § Councilmember Mueller replied that the poles are only guide wire poles.
  § City Clerk Gruenhagen replied that out of courtesy he will contact Michelle Swanson (Xcel) and let her know about the sidewalk project.
• Councilmember Mueller made a motion to contact Hard Stuff Masonry & Concrete to tear out and replace the sidewalk on Railroad Street, the section along Railroad Street between Maria Avenue and Sophia Avenue for the cost of $8,389.50, seconded by Councilmember Barnes and motion unanimously carried. All Council members were present.
• Councilmember Mueller suggested that City Clerk Gruenhagen send a courtesy letter to Chard Tiling and Hanson & Vasek Construction, Inc. letting them know that the project was awarded to Hard Stuff Masonry & Concrete and that the City appreciates their time spent on sending in their estimates.
• Fire Chief Droege asked Council to have some temporary access ramps put in place for residents along the project area otherwise some may not be able to get into or out of their homes.
  

Estimates for Seal Coating – CC/Fire Hall/WTP Parking Lot & Donald Avenue

• City Clerk Gruenhagen reported to Council that bids were received from Minnesota Roadways, Southwest Paving, and Pearson Bros.
  o Minnesota Roadways was cheapest per square yard.
• City Clerk Gruenhagen asked Councilmember Mueller that on Southwest Paving they had “spread fa 2 granite”. What is the depth?
  o Councilmember Mueller replied that he thinks fa 2 is three eighths.
• City Clerk Gruenhagen reported that looking at the estimates Minnesota Roadways is one fourth inch granite chips, Southwest Paving is the fa 2 granite, Pearson Bros. is one eighth inch Trap Rock.
  o Councilmember Mueller replied that Trap rock is fa 2 granite. Minnesota Roadways is the smallest grade and that is what he would recommend. Fa 2 and trap rock are more flat.
• City Clerk Gruenhagen commented that Minnesota Roadways submitted a proposal using polymer modified oil for a harder set surface. This would increase the cost by about $400 to $500 more.
  o Councilmember Mueller replied that in his opinion the polymer modified oil would not have to be used. He also added that looking at the proposals only Minnesota Roadways has crack seal included in their proposal for the amount of $435.00. Bargen has already completed the crack sealing so this can be deleted from the bid.
• Councilmember Mueller continued by pointing out that Roadways and Southwest Paving both will restripe. Pearson Bros. did not include striping in their bid that cost would be above their submitted price.
• City Clerk Gruenhagen informed Council that there is $13,000 available for Seal Coating.
• Fire Chief Droege noted to have Minnesota Roadways do the Community Center parking lot it would cost $8,887 plus $915 for the after sweep and $385 for striping.
  o City Clerk Gruenhagen and Councilmember Mueller both agreed that Southwest Paving is almost $1,200 cheaper. Southwest Paving has pre-clean lot and fill cracks with hot crack fill included in their estimate. This would have to be adjusted out because Bargen has already done the crack sealing for the parking lot.
• City Clerk Gruenhagen suggested to Council that when projects go to bids the city should have a list of their own specs that would be sent out to companies. Right now companies are submitting their own specs and they are not the same from company to company. Pearson Bros., Inc. is starting to complain about this.
  o Councilmember Mueller noted that one bid was for 5,600 square yards, another was bid for 5,300 square yards.
• City Clerk Gruenhagen stated the he thinks Southwest Paving is the cheapest.
• Councilmember Barnes informed the other members of Council that he is still in favor of holding off on doing this project this year.
  o Mayor Malz replied that some areas of the parking lot really need to be done.
  o Chief Droege (Wm. Mueller & Sons) commented that the lot does need to be seal coated.
  o Other members of Council replied that the Community Center lot does need to be done and doing it this year (2009) would extend its life.
  o Councilmember Barnes responded that the lot does need to be done but not this year.
  o Council members and Chief Droege further discussed this issue and they all greed, except Councilmember Barnes, to go ahead with the project this year. They also discussed what type or quality of work Southwest Paving does.
• Councilmember Cummiskey moved to accept the estimate from Southwest Paving, Inc. to do the CC/Fire Hall/WTP Parking Lot, less the cost for crack sealing if they still honor the submitted estimate price from March 31, 2009, seconded by Councilmember Mueller and motion carried. Councilmember Barnes voted nay.
  
  
  Dennis’ Report (Public Works & Utilities)
  Maintenance Worker Byerly arrived at the City Council Meeting at 8:08 pm.
  
• Projection Screen
  o City Clerk Gruenhagen asked Maintenance Worker Byerly if he had located the projection screen and if it is at the Hall to bring it over to the Community Center.
  o Maintenance Worker Byerly replied that he would try and locate it and bring the screen over to the Community Center.
• Cell Phone
  o City Clerk Gruenhagen informed Maintenance Worker Byerly that he and the Council had previously discussed changing his cell phone plan.
• Trim Trees – on Project List
  o Councilmember Trebesch asked if trimming the trees has been completed.
  § City Clerk Gruenhagen replied that this is on the list as a possible budget cut item.
  
  City Council Reports
  

Councilmember Mueller (Sewer & Water)

• Councilmember Mueller asked about the Cities parking ordinance. He thinks it states 24 hours but there are some boats that have been sitting in the same place for months. Councilmember Mueller does not want them ticketed but a letter sent to them outlining the cities ordinance.
  o City Clerk Gruenhagen asked if he know the names of the owners.
  o Councilmember Mueller replied that one is Dale Stuewe (636 Kim Avenue) and the other one is Dan Nash (619 Kim Avenue).
  o City Clerk Gruenhagen stated that letters would be sent out and if the residents do not comply then he will have the CSO post the ordinance at their residents.
• Councilmember Mueller asked Maintenance Worker Byerly if he attended the Water School in Victoria.
  o Maintenance Worker Byerly responded, no.
  
  

Councilmember Cummiskey (Streets) had nothing further to report.

Councilmember Trebesch (Buildings)

• Councilmember Trebesch asked to get clarification on opening and closing the pond gate (locking it). Maintenance Worker Byerly is responsible for opening it and whose ever turn it will close and lock the gate at noon.
  
  

Councilmember Barnes (Parks) had nothing further to report.

Mayor Malz

• Mayor Malz mentioned that he had seen a notice on the cities water bill reminding residents to change their sump pumps over from winter.
  o City Clerk Gruenhagen added that he had this reported in the paper also.
• Mayor Malz commented that he was asked by one of the cities residents who had a billing disagreement with Waste Management and Waste Management came and took their garbage containers away. The resident asked what he should do. Mayor Malz did not have an answer for them other than work it out with Waste Management.
  o City Clerk Gruenhagen responded that the only time Waste Management removes garbage containers from residents is if they do not pay their bill. Waste Management is supposed to contact the city when this happens. If the resident can not get this resolved City Clerk Gruenhagen asked Mayor Malz to have the resident contact him.
  o Mayor Malz replied that the issue was resolved.
  o City Clerk Gruenhagen added that if this happens in the future to have the resident contact him if they are unable to resolve the issue with Waste Management.
• Mayor Malz made the comment that since Bargen was here doing the crack sealing there is a lot of debris in the curb gutters.
  o City Clerk Gruenhagen replied that Lonnie will be contacted to come back and sweep the gutters where Bargen did the seal crake sealing.
  o Members of Council added to wait until Xcel is done trimming the trees in town, then call him.
• Councilmember Mueller, Fire Chief Droege, and Mayor Malz commented that some city streets are starting to unravel at the edges. This is a sign that the streets should be overlaid.
  o City Clerk Gruenhagen and Councilmember Mueller commented that what is budgeted next year for seal coating should be used for overlay.
  
  
  Approve Claims List for May 2009
  
  

City Clerk Gruenhagen added an ACH payment to the claims list to Wells Fargo to City Employee’s HSA’s in the amount of $8,000.

City Clerk Gruenhagen added a payment of $615 payable to the City of Norwood/Young America for their attorney cost to attend the Franchise Agreement between the cities and Mediacom Cable. This claim will be paid out the JPB Cable Comm. Account.

Councilmember Trebesch questioned claim number 13820, belt for generator – batteries – fuel filters. He asked if these items were for the WTP generator.

• City Clerk Gruenhagen replied that the belt was for the generator in the park and the batteries and fuel filters were for Fire Department equipment.
  Councilmember Trebesch questioned claim number 13821, cell phone minutes and claim number 13822, two $50 calling cards.
• City Clerk Gruenhagen answered that he is looking into a different calling plan because of the high number of minutes purchased each month.
  
  

Councilmember Mueller moved to approve the May 2009 Claims list including the three ACH payments through claim numbers 13813 to 13843, seconded by Councilmember Trebesch and motion unanimously carried. All Council members were present.

Councilmember Mueller moved to approve the claim for $615 to the City of Norwood/YA, payment to be drawn out of the Cable Account, Councilmember Trebesch seconded and motion unanimously carried. All Council members were present.

Councilmember Mueller moved to adjourn the Hamburg City Council meeting at 8:38 p.m., seconded by Councilmember Cummiskey and motion carried. All Council Members were present.


Submitted by:



Sue Block Deputy Clerk

Middle Class Beware

Beware of things to come as the results of the actions of the Democrat led Congress and Obama’s bold initiatives. The $787 billion stimulus bill and the $1 trillion budget are saddling the United States with a deficit that is expected to be $1.8 trillion next year. The deficit does not include the Cap and Trade and health care reform that are currently being debated on Capitol Hill. Over the weekend Treasury Secretary Timothy Geithner was on ABC’s “This Week” when he said, “We will not get this economy back on track, recovery will be not strong and sustained, unless we can convince the American people that we’re going to have the will to bring these deficits down once recovery is firmly established.”

President Obama’s plan for recovery is not complete until health care reform and cap and trade are passed. Both of these pieces of legislation are exempt from the “pay go” philosophy. It is estimated that health care reform will add another $1 trillion, spread over ten years, to the deficit. When pressed on how the United States is planning to pay down the deficit a campaign promise by President Obama to not raise “any taxes on those making less than $250,000 a year” was put in jeopardy when Geithner said “it is absolutely right” that the middle class tax hike is on the table.

The Senate will be debating whether to approve the $2 billion, which the House of Representatives approved last week, addition to the “Cash for Clunkers” program. The plan is to divert the $2 billion from money already set aside for another program in the Stimulus Bill. As I stated last week, why didn’t someone do the math to start with? It is a bit disheartening when reading the headlines on how “successful” the CARS program has been.

The difficulty is in the details of the program that plagues the claim of success. As displayed by the Ford F150 swap from a 2000 to a 2009 only improves gas mileage by 1 mpg. Please tell me how this gets a gas guzzler off the road. Americans should look at the CARS program and the mounting deficit to see how short sighted Congress and President Obama is right now. As Rep. Lewis stated in the Wall Street Journal, “if this is how the government is going to handle billion-dollar programs affecting all Americans, I ask, whatever will we do if this administration takes control of our health care?”

Rep. Lewis’s concern is valid. It is not just a symptom of Obama’s administration as examples are abound of entitlement programs that government has mishandled. To make matters worse is the manner in which Obama’s administration is moving things through Congress. The Stimulus Bill was read prior to passing and the Cap and Trade bill had about 390 pages added to the bill at 3 am only 5 hours prior to debating and passing it. The kicker on Cap and Trade was as the House debated, the bill was still being assembled and only two copies existed; neither copy was complete when the final vote was tallied.

Ford reported that their July sales rose nearly 1.6 percent over 2008 July sales which Ford attributed to the “cash for clunkers” program giving them the boast. It will be interesting to hear how the Government owned car companies performed in July. Which makes one re-think the role of an ever expanding government under the Obama administration and it is no longer a question if but when will the middle class see a tax hike?