Reparations

Earlier this week on Facebook a friend of mine, Von Jackson, posted an article titled "Malcolm X's legacy ignored 45 years after his murder" spurred some interesting conversation. The conversation started about the role that Malcolm X played during the struggle for Civil Rights but it quickly morphed into generation wealth and reparations due the black community for the slave trade. I had asserted that Malcolm X and the Nation of Islam used violence, at times, to make their point. To which I was told, "Chris, please LEARN and STUDY Malcolm X before you comment. Its obvious from you statement you know little to nothing about him except what you've seen on tv or read in white slanted literature." Now I respect the person that wrote this comment a lot and he and I have had several intense conversations on race. I asked him to "enlighten me" to what I should read as I admit I do not know Malcolm X like I do other historical figures.

To which my very good friend pointed out a biography and the Spike Lee movie. Well I have already seen the movie and have added The Autobiography of Malcolm X authored by Malcolm X and Alex Haley. We then went on to discuss the last time the Nation of Islam used violence. To which I pointed out that D.C. Sniper John Muhammad was a member when the rampage took place. While no direct line has ever been established between Muhammad and the Nation of Islam (NOI), neither has the leaders of the NOI distance themselves from the actions taken my Muhammad. But I did agree with my friend that we were digressing from the original intent of his article.

At this point in our conversation another friend of Von's chimed in with "Wow Chris, slavery is what made this country so rich, and is what keeps this country strong, by enslaving people all over the world, and stealing their natural resources…" and ended with "I would like you to explain to me how capitalism ended slavery..this should be interesting…(Please note I call bullshyt an awful lot, I debate on Fox News all the time, and shut them up, never losing an argument…so please make sure you have your facts straight when talk to me..)" As many of you already know I love a good challenge. Before I could retort, it was pointed out by my friend that "it was because of CAPITALISM that slavery was introduced to and flourished in this country for over 400 years…" I pointed out, "In short capitalism allows anyone to change their status in life. Capitalism is a two way street as the rich can become poor and the poor can become rich. That is how capitalism is not enslavement. Now mercantilism is what built this country at the start. The freedoms of our Constitution launched us into class movement that greases the wheels of capitalism. Thus no longer enslaving us. Now government intrusion to limit free market forces has lead to enslavement and add in entitlements."

I was told my assessment was wrong and "we are living under a system that is more akin to a Plutocracy, you are allowed to get rich in this country, as long as the already rich see that your wealth in no way henders their cause…" After which further conversation took place on conspiracy theories of 13 families controlling the world. After which the slavery angle reappeared and that it was on the backs of evil slave owners that worked their slaves to build this country. After discussing Aetna(http://www.aetna.com/news/2002/slavery_reparations_issue.html) and Wachovia Banks (http://money.cnn.com/2005/06/02/news/fortune500/wachovia_slavery/ ) role in building their business through slavery to which we found out that Aetna wrote policies on slaves and Wachovia's ties to slavery is through two acquisitions made after slave ownership took place and did not exist at time of acquisition. From that point we moved on to reparations.

I asked Corey, one of the other men participating, "Why is your anger focused on those just in America and not toward those that sold your ancestors into slavery?" I never did get a direct answer to this question; rather I got more deflection. Finally I asked, "We can either live in the past or look to a brighter future. Which one do you want to live in Corey?" Finally Corey gave a laundry list for reparations. Corey's list was:

1. 1 trillion dollars in gold, and precious metals
   
2. Whites relinquish all powers they have on Africa
   
3. At least half of the nuclear weapons in the USA
   
4. The release of all nonviolent blacks from jail
   
5. 100 billion dollars for machinery to fix the lands of Africa
   
6. Free transportation, back to Africa, for those that want to go
   
7. An apology for slavery, and to change the history books to reflect the truth
   
8. No sanctions on any nations of color
   
9. Just basically stay out of our way, once we get what is owed to us
   

Is Corey asking for anything outrageous? Should America agree to the terms above for the sins of slavery? Does the list of reparations above move us to a post-racial America?

Bonding Bill pull back gives “Pause” but will it give Intelligence.

Minnesotans call your DFL representative or any DFLer if you are not represented by one and thank them for holding back the bonding bill. Right now Minnesota faces a $1.2B budget deficit and adding another $1B to the books just does not make sense. To make matters worse the projects listed in the bonding bill do very little to improve the state or create permanent jobs. House Speaker Margaret Anderson Kelliher explained the reason for pulling back the bonding bill as, "It's a pause, it's a second chance, and I think it's the right thing to do right now" (Star Tribune, February 24, 2010). I agree with the House Speaker but I don't share her reasoning. The hope of the DFL Party was to ram through the bonding bill then watch Governor Pawlenty red line, through the line-item veto, some of the projects on the list. Well Gov. Pawlenty sent a letter to the Legislature warning that the current bonding bill will be met with an outright veto.

Granted part of Pawlenty's plan is to show America and the Republican Party that he is fiscally conservative. Plus, I see the bonding bill becoming a bargaining chip as the Legislature deals with GMAC and other unallotment by Pawlenty. Let's put the politics aside for a moment and take a realistic look at the purpose of the bonding bill. The purpose of this bonding bill is to reward members of the Legislature for their vote with pet projects in their home region. I agree it would be great to have a sports complex in Western Carver County or a hockey rink in Hamburg but when already are facing a $1.2 B deficit this go around and a possible $5-8B next biennium red does it make sense? When you sit down to at your own budget and realize that the household income is falling short do you honestly think the best move is to put a pool in the backyard, buy a new SUV or take a 2-week all-inclusive cruise? Most responsible adults will say no.

Unfortunately that is not the mentality we are getting from our elected officials in Minnesota or Washington D.C. The Government cannot spend our way out of current economic situation, especially through pet projects like we see in the bonding bill. Now, if we must spend money and I mean must, and then spend it on projects that improve the communities that lay the ground work for future expansion and sustainable economic booms. Do we want to wait for another bridge to fall before replacing it? Do we want to wait for another town to be flooded before taking preventative measures? No. If we must spend a billion dollars then spend it on projects that improve the infrastructure of Minnesota. Community Centers, ice rinks, trails, parks, and sports complexes are great but if the sewer lines, bridges, roads, or levies give way all we end up doing is spending more money to clean up the Community Centers, ice rinks, trails, parks, and sport complexes.

In my small town of Hamburg money has been raised through fundraising activities to improve our park, erect an electronic sign, and other projects. Hamburg's population is only 550 residents. Why cannot a city like Rochester, that has a population of 100,413 (http://www.city-data.com/city/Rochester-Minnesota.html) people, find a way for citizens to raise funds for a new volleyball court? Rochester is about 183 times larger than Hamburg. According to Hamburg's City Clerk Jeremy Gruenhagen, at last night's city council meeting, the improvements made to Hamburg over the past eight was about $100,000. The $100,000 was not given to Hamburg for improvements made via the Legislature or Government; it was raised by the citizens that live in and around Hamburg. Now, I'd like to think that Rochester could raise more per capita but for argument sake let's say they raise the same as Hamburg. That would be $18,300,000. The proposed volleyball court, in the bonding bill, is only $5,000,000.

We have seen the power of donating through the incredible amount of money raised during the last Presidential election to the money amassed to help Haiti. When it comes to these extra frills for the community, the citizens need to take ownership and action not relying on a pet project to win a vote from their representative. Allow the money the state takes in to go to keeping up safe, assisting with education our youth and sustaining an infrastructure for continual growth. So, pick up the phone and thank the DFL Party for pulling back the bonding bill and implore them to rescind it in order to craft a new bonding bill that moves Minnesota forward.

A different way to obtain a health care mandate

President Obama will be announcing his idea, again, for health care reform today. The plan is rumored to include the constitutionally debate mandate on all Americans to have insurance. Obama is missing a great opportunity to get a mandate implemented. The Constitution does prohibit the government to dictate citizens to purchase any item. Now, some will attempt to argue that car insurance is required to drive a car. Correct, in order to have the privilege to drive a car in Minnesota one must carry car insurance. This is not true of the rest of the United States as I am learning in my insurance classes. If Obama really wants to implement a mandate on health care he can easily accomplish it through Medicare and Medicaid.

To move closer to a mandate on health care, the President will need to come out with a plan that phases out Medicare and Medicaid for those younger than 55 years of age. As he phases out these two entitlement programs they are replaced by a Medical Savings Account (MSA). The MSA will become a bookkeeping change on our paychecks as the amount currently being deducted would go into our own MSA versus the big pool of Medicare and Medicaid. After the switch is made, President Obama can enact the second half of Universal health care. The second half is to have Americans use that MSA to purchase inexpensive health care option offered by the Federal Government.

By phasing out Medicare and Medicaid through the implementation of a MSA it will achieve the mission of Obama in regards to health care reform. The reform will be easier as well and would not see the same Constitutional fight that an outright mandate will. Plus, going this route will be less expensive and more subtle to the average citizen. Then in his final year of his term in office Obama can launch a federally run health care option that people can use with their MSA. This way we will all have some money in the MSA and in comparing the costs of escalating premiums in the interim; Americans will be more accepting of Universal health care.

Hamburg City Council Minutes – November 24, 2009

Mayor Malz called the regular meeting of the Hamburg City Council to order at 7:00 p.m. Councilmember

Steve Trebesch, Councilmember John Barnes, Councilmember Larry Mueller, Councilmember Brian

Cummiskey, City Clerk Jeremy Gruenhagen, Deputy Clerk Sue Block, Maintenance Worker Dennis Byerly,

and Fire Chief Brad Droege were in attendance. Others present were Ron Seymour (S.E.H.).

Agenda Review (Added Items) and Adoption

• Added – Email memo from Ron Seymour dated November 24, 2009

• Added – Email memo from Ron Seymour dated August 2, 2006

• Added – Email memo from Greg Kimman, PE dated November 24, 2009

• Added – Ordinance #133

• Added – Ordinance #134

• Added – Lights for Community Center Parking lot.

Councilmember Mueller moved to adopt the agenda with the additions, seconded by Councilmember

Trebesch and motion unanimously carried. All Council members were present.

Old City Business

• Number 1 – Cities website is planned to be completed by January 2010.

o Council discussed and decided Hamburg's Domain name would be; cityofhamburgmn.com.

Councilmember Cummiskey moved to authorize City Clerk Jeremy Gruenhagen to register the City of

Hamburg domain name as cityofhamburgmn.com if it is available, Councilmember Trebesch seconded

and motion unanimously carried. All Council members were present.

• Number 3 – Change wording on how many dogs constitutes a dog kennel.

o This will be voted on at tonight's city council meeting.

• Number 4 – Should have City Business Card proofs ready for review shortly.

• Number 9 – One fan remains to be installed at the Hall.

• Number 11 – Purchase lawn mower – Exmark or Kubota.

o Remove from list, lawn mowers were sold.

• Number 12 – Fix hole by hall dumpster.

o Council decided to have Maintenance Worker Byerly dig out the hole (6 inches deep) and

Wm. Mueller and Sons fill with mix.

Councilmember Cummiskey moved to have Maintenance Worker Byerly dig out and prepare the area by

the Hall Dumpster and have Wm. Mueller & Sons fill hole within the next two weeks, Councilmember

Mueller seconded and motion unanimously carried. All Council members were present.

• Number 14 – Projector Screen

o Councilmember Cummiskey will bring one to the Community Center.

Approve Minutes for October 13, 2009 and October 27, 2009

• Councilmember Barnes moved to approve the October 13, 2009 and October 27, 2009 City Council

Minutes, Councilmember Cummiskey seconded and motion unanimously carried. All Council

members were present.

Fire Department Report – Chief Brad Droege

US Fish & Wildlife Grant

• The paper work has been filled out and will be sent in for reimbursement for the items that were

purchased.

Hamburg City Council Meeting

November 24, 2009

2

o Reimbursement will be in the amount of $1,485 and the Cities contribution towards grant will

be $245 totaling $1,730.

FEMA Grant

• Chief Droege has not heard anything on this grant.

H1N1 Flu Virus

• The H1N1 shots are now available for the firefighters that wanted them. Scheduling time for the

shots just has to be set up.

Sunday Morning Breakfast – Toy Drive

• On Sunday, December 6th, a morning breakfast will be held at Parkside Tavern from 10:00 am. till

1:00 p.m. It will be a free will donation or a toy can be brought in, one per person. Food being

served will be; eggs, hash browns, sausages, toast, milk, coffee, and juice.

Toy Drive

• The Toy Drive is being put on by Norwood/Young America, Hamburg, and Cologne Fire

Departments. The collection of toys will be from November 25th to December 14th and the toys will

be handed out December 17th.

Safety Recall

• There is a safety recall on the Fire Department's 2001 Ford Econoline Ambulance. There is a

possibility of the speed control deactivation switch could leak brake fluid causing the risk of a fire.

• An appointment with the Waconia Ford Dealership will be made and the vehicle will be taken in for

repairs. This program recall is free of charge for parts and labor costs.

S.A.F.E.R.

• If anyone is interested in watching an S.A.F.E.R. drill they will be practicing Wednesday, November 25,

at 6:30 p.m. in the area of the railroad tracks to County Road 31 and 50. Anyone interested is invited to

come and watch.

Ordinance Number 133

• The Public Hearing was held at 6:30 p.m. tonight (November 24, 2009) to discuss adopting Chapter 160:

Zoning and Subdivision Ordinance which will replace Chapter 5: Zoning, Subdivisions and Land Use of

the Hamburg City Code.

• Final decision on Ordinance Number 133 will be held at the next City Council meeting, December 8th, in

case council or the public have any further changes or comments.

• The City Council made the following changes to the Zoning Ordinance (Chapter 160):

o Commercial and Business setbacks for right-of-way to five (5) feet.

o Require sidewalks in front of Business and Commercial parking lots and buildings.

o Allowing four (4) months after a litter of pups are born before the ordinance of having four or

more dogs constitute a kennel. Excluding this ordinance and zoning requirement from Retail

Businesses.

􀂃
Ann Perry will make the changes as stated.

Ordinance Number 134

• The Public Hearing was held at 6:45 p.m. tonight (November 24, 2009) to receive comments on

Ordinance Number 134 amending Chapter 95.06 of the Hamburg City Code pertaining to (A) Definition

of kennel and (B) Kennel as a nuisance.

• The definition of a kennel would be changed to read; The keeping of four (4) or more dogs/cats on the

same premises whether owned by the same person or not and for what ever purpose kept would

constitute a kennel, except a fresh litter of pups/kittens may be kept for a period of four (4) months

before the keeping to be a kennel. This does not pertain to Retail Business.

Hamburg City Council Meeting

November 24, 2009

3

o Councilmember Cummiskey moved to change Ordinance Number 134, Chapter 95.06 (A)

from three to four months after the birth of a litter, Councilmember Mueller seconded and

motion unanimously carried.

• City Clerk Gruenhagen will change the ordinance and present it to City Attorney for final review.

Project Funding for Sanitary & Storm Sewer Improvements

Ron Seymour – S.E.H.

• Ron Seymour informed Council that there are two primary governmental funding sources and that he

will go over some of the Pros and Cons of each.

• Both programs base a community's eligibility for low interest loan and grant programs upon the

financial impact to residential users, overall system costs, and the proposed project costs.

o The sewer project probable cost is estimated to be $371,733 and the storm water project

probable cost is estimated to be $853,942.

o Based on the current sewer connections and 2008 water & sewer usage, a preliminary

estimate of sewer system costs is $24 per Equivalent Dwelling Unit (EDU) or financial

impact to resident users.

o City of Hamburg's Median Household Income (MHI – 2000 census) is $47,578.

• Rural Development

o To qualify for program loan and grant funding, Rural Development uses 1.5% of Median

Household Income (MHI) for estimating affordability for residential users.

􀂃
Rural Development's base affordability for the City of Hamburg – 1.5% of MHI =

$713.67 per year, divided by 12 months = $59.47 monthly system costs per EDU.

o Rural Development allows up to a 40 year amortization.

o Grant funding is based upon affordability (system costs per EDU) with the target of 1.5% of

the Cities MHI.

o Interest rates are based upon MHI and the need for health or sanitary standards improvements.

Utility loan programs interest rates are adjusted on a quarterly basis.

􀂃
Poverty rate is about 2.75% approximately.

􀂃
Intermediate rate is about 3.75% approximately.

• To qualify for these the City's Median Household Income (MHI) must be

below $46,993.

􀂃
Market interest rate is usually around 4.5%.

o Pros:

􀂃
40 years amortization may be available; however the loan is reviewed annually. If the

City can refinance through conventional means the rural development loan must be

paid off.

o Cons:

􀂃
Requires specific information and data within engineering reports and require review

and approvals at the State level.

􀂃
Requires an Environmental Report following NEPA requirements and require review

and approvals.

􀂃
Added labor burden to City staff.

􀂃
Requires a paid full time resident project representation.

􀂃
The City would need to initiate an additional application process.

􀂃
The City qualifies for a loan only program. Interest rate is comparable to what the

City could Bond for without federal assistance.

Hamburg City Council Meeting

November 24, 2009

4

􀂃
The City must dedicate sources of revenue for repayment of debt. The City has no

sewer debt.

• Public Facilities Authority (PFA), Clean Water Revolving Fund Loan

o PFA loans are based upon affordability of the applicant to repay the debt and the financial

impact to residential users. PFA has a Priority Pointing System so only higher pointed

projects are eligible for the funding.

o PFA uses 1.4% of Median Household Income (MHI) as a target for estimating affordability

for residential users.

􀂃
The Cities rate for PFA funding is 1.4% of MHI = $666.09 per year, divided by 12

months = $55.51 monthly system costs per EDU.

o PFA base loan discounted interest rate is determined by a daily Bond Index which fluctuates.

o PFA rules provide for additional discounts to the interest rates on loans based on

demographics and the per EDU system costs in relation to MHI of the applicant.

o Interest rate discounts from the base discounted interest rate:

􀂃
Population interest rate for metro county cities under 2,500 and MHI is below the

metro $51,774 MHI; loan interest rate discount is 0.5%

􀂃
EDU system costs verses the City's MHI interest rate discounts.

• Greater than 2% MHI discount is 1.50%

• 1.75% MHI discount is 1.25%

• 1.5% MHI discount is 1%

• 1.25% MHI discount is 0.75%

• 1.0%MHI discount is 0.50%

o When projected monthly system costs are over 1.4% MHI a 30 year PFA loan amortization

may be available.

o Pros:

􀂃
City has completed required studies and is eligible to submit a loan application

􀂃
Below market interest rates

􀂃
Limited administrative labor burden for program and loan

o Cons:

􀂃
City must dedicate sources of revenue to repay debt

􀂃
Typically, maximum loan term is 20 years

􀂃
Project specifications require State prevailing wage rates

Mr. Seymour also mentioned;

• The WIP Program – State Grant for Wastewater Infrastructure

o This is on a bonding cycle for high point projects for treatment and high cost. Example would

be if the City would need to build a new Treatment Plant.

• Minnesota Rural Water does have some loan programs.

o 25/29 Year Program - which is a market rate loan (4.25% to 4.75% interest rate).

o Micro Loan – can barrow up to $200,000 that is bank qualified

o Interim Financing – if you are doing Rural Development loans and grants.

• Revenue Bonding, Federal Appropriations, other options if there is economic development.

Councilmember Mueller asked if Hamburg's monthly costs are over the 1.4% MHI.

• Mr. Seymour responded, no.

Hamburg City Council Meeting

November 24, 2009

5

Mr. Seymour also commented that the City will still have a storm water problem if only the sewer project is

done and vise versa. There is secondary funding for storm water projects but only if you have an event

otherwise it is rare to receive funding.

Mr. Seymour ran a report using Doug Parrott's wastewater amount from last spring, $370,000 (approximate

amount), and what happens is that the system cost goes from $24.63 up to $32.71. This is assuming the loan

is at 3% for 20 years. This higher rate is considered affordable.

Councilmember Mueller and City Clerk Gruenhagen commented that the sanitary sewer is only a small

portion if you consider the whole project.

• Sanitary Sewer amount is approximately $380,000 versus approximately $800,000 for storm sewer.

Mr. Seymour added that at this time the legislator is not looking at funding any kind of storm water projects.

Council and Mr. Seymour discussed the different types of loans, grants, bonds, and possible interest rates.

They also discussed PFA loans that have been discussed over the years.

• Mr. Seymour commented that the best options for the Storm Water project is to check in to why there

is exclusion on the Essential Component Project cost. The goal would be to have it eligible for PFA

wastewater funding. The best option is to apply for a PFA loan then decide what types of funds will

be used to pay for the loan.

• City Clerk Gruenhagen asked if the City could not work the storm water into the wastewater funding

with PFA then the next option would be to look at the open market?

o Mr. Seymour answered "yes" if the city would want to start the project right away. If the city

would like to wait to find out if there is a lower rate then they should apply for the PFA loan.

• Mr. Seymour mentioned that he had run some numbers just on wastewater EDU (Equivalent

Dwelling Unit) at $371,000 at 3% for 20 years it would come out to about $32.71 EDU. At the

present time it is costing about $24.63. This is an increase of $8.08 a month per system cost (EDU).

To sum it up according to the funding guidelines the City of Hamburg is in the affordability range at 1.4% of

the Median Household Income. Plus the City of Hamburg does not have any debt so it is not eligible for

grant money.

The next step will be to have Doug Parrott, Ron Seymour, City Clerk Jeremy Gruenhagen, and Jessica

Werder meet with Mr. Erickson and Mr. Dunn from the MPCA. The City should find out if they can get the

storm water project combined with the wastewater project for funding (PFA) and if not is there an appeal

process.

Mayor Malz should be receiving a letter in January 2010 from the PFA soliciting projects for the PPL list.

This list is for everything; water, storm water, wastewater projects and the City of Hamburg should get on

this list.

City Clerk Gruenhagen reported has been working with Greg Kimman (S.E.H.) and updated Council on the

implementation of a storm water utility fee.

• If the city plans to implement a storm water utility fee, a single family residential rate to fund the

entire storm water project of $868,000, the rate for single family resident parcel would be

$16.75/Month.

• There also would be an $8 to $9 increase per month in sewer rates and this amount would depend on

what Council decides on assessments. The storm sewer project can not be assessed.

Hamburg City Council Meeting

November 24, 2009

6

• These figures are based on a straight user fee assuming a 20 year loan at 5% which would be

$16.75/month per residential parcel.

• These figures are the worse case scenario. The City could look at some type of general tax

obligation, plus a storm water utility fee, plus sewer rate increases.

• Council will have to decide if the project will be done as a whole or to do just a part of the project.

• Current dollar amounts for the project include:

o Sanitary Sewer Improvements - $371,731

o Water Main Improvements - $27,853

o Western Storm Sewer Improvement - $352,972

o Eastern Storm Sewer Improvements – $500,622

• Council decided to continue with the project and bid the project as a whole to find out what the actual

cost would be.

Dennis' Report (Public Works & Utilities)

Shop Driveway - Henning's - #4 on Project List

• Henning's have called for service locates however there has been no information received as to when

they will be able do the project.

o Council decided to "watch the weather" before making a decision if the project should be

delayed until next spring.

Shop Door

• Dennis will pick up the shop door and paint it and have it ready to be installed this year if the Shop

Driveway project is delayed until spring.

Compost Dumpster

• Maintenance Worker Byerly was instructed to call Waste Management to remove the compost

dumpster on December 1, 2009.

Flush Hydrants

• The fall flushing of the hydrants has not been completed.

Shut Off Key

• Water shut off key for 420 Maria has not been made yet.

Well Inspection

• The well inspection report was received and all looks good but a switch for Well #1 needs to be

checked. Rob's Electric will be out November 25th to repair the switch in Well #1.

Hall Electric Wires

• Next week Rob's Electric will put covers over the exposed wires in the Hall and wire the new fans.

• When Rob's Electric is out they will be asked to check the front and bay door sensors lights at the

Community Center. The lights seem to be continually on.

Paint Picnic Tables (Park) – Item #9 on Project List

• Maintenance Worker Byers informed Council that he has not painted any of the picnic tables yet.

Added to Project List

• Secure ceiling tiles in the Hall that have come loose and are hanging down.

o Councilmember Cummiskey offered the use of his scaffolding for the repair or Maintenance

Worker Byerly could coordinate with Rob's Electric when they are at the Hall and find out if

he could use their scissor lift.

• Purchasing of more tables for the Community Center.

o This is a budgeted item and there is $1,000 for the Community Center and $1,000 for the

Hall.

Hamburg City Council Meeting

November 24, 2009

7

o Council discussed and decided to have Maintenance Worker Byerly purchase new tables for

the Community Center, up to $1,000, and take the older Community Center tables to the Hall.

o Council also discussed how to monitor the use of the tables and chairs from the Community

Center and Hall for they keep disappearing.

􀂃
Council decided to continue with the sign in and out sheet and keep a more accurate

inventory.

Wall Heaters/Fans

• Council received bids from Metro Air and Plumbing & Heating by Craig, Inc. on replacing two

hanging heaters. One for in the Hall and one in the Fire Department bay area.

o Council discussed the proposals and decided on the lower bid from Metro Air.

􀂃
UDAP Reznor 100,000 BTU replacement heater, complete hook up, and removal of

old heater - $1,220.

􀂃
PDP175AEO130 Modine HI-efficiency heater, 5" power vent, complete hook up, and

removal of old heater - $1,980.

• Councilmember Mueller moved to award the bid to Metro Air for replacement of the two heaters,

Councilmember Cummiskey seconded and motion unanimously carried. All Council members

were present.

2010 Budget Items

• Added maintenance item to the 2010 Budget for $200 for Bobcat maintenance.

• Maintenance Worker Byerly had no other items to be added to the 2010 Maintenance Budget.

General Maintenance Schedule

• Hydrants – Councilmember Mueller suggested Maintenance Worker Byerly flush the hydrants in the

next couple of days.

o Maintenance Worker Byerly replied that he is booked up tomorrow and then it is Thursday

and Friday.

o Councilmember Mueller replied that it has been very nice for the last month.

Vacation Days for Thanksgiving Weekend

• When asked if Maintenance Worker Byerly would be around for the Thanksgiving weekend he

responded that he was undecided.

Deputy Clerk Report

Delinquent Utility Bills

• Emily Siebold is making payments. She has requested to lower her $50 weekly payment down to

paying $50 every other week.

o City Clerk Gruenhagen was informed of this and it was decided to allow her to pay the $50

every other week as long as she keeps up with the payment agreement.

• Sergio Salcedo was sent a delinquency letter with the cold weather rule and payment plan letters.

• Dawn Grams sent the city office a note stating that they will pay $100.00 per week until they are

caught up to day with their payments. They also requested information on what is still in violation of

city ordinances.

o City Clerk Gruenhagen will take pictures of what is still in violation and a notice will be sent

if the weather permits.

Filing System for Council

• Deputy Clerk Block asked Council if they would like individual mail holders for any in coming mail

that is addressed to them. They can stop by the office to pick up the mail instead of waiting for a

council meeting night. Council discussed and decided this was a good idea and to go ahead and order

Hamburg City Council Meeting

November 24, 2009

8

hanging mail holders for each of them.

November 10, 2009 Minutes

• The minutes for the November 10, 2009 City Council meeting are done. They just need to be

reviewed by City Clerk Gruenhagen before they are presented to Council for approval.

Clerk/Treasurer Report

Temporary On-Sale Liquor Licenses for Hamburg Lions Club

• The Hamburg Lions Club requested a Temporary On-Sale Liquor Licenses for the Firemen's Dance

on January 8, Pheasants Forever on January 23rd, Green Isle Conservation Banquet on January 30th,

2010, and HHFC Fish Fry on February 6, 2010.

• Councilmember Cummiskey moved to approve the Hamburg Lions Club request for Temporary

On-Sale Liquor Licenses for January 8th, 23rd, 30th, and February 6, 2010, seconded by

Councilmember Barnes and motion unanimously carried. All Council members were present.

2010 Policing Contract with Carver County

• City Clerk Gruenhagen explained to Council that the Tri-City Regional Plan for the City of Hamburg

2010 Police Contract was received and if Council wanted they could approve the contract at the

council meeting tonight.

• What the Sheriff's Office will be contracting for:

o Provide .16 FTE Patrol Deputy January 1, through December 31, 2010 – Cost - $14,103.

o Provide .025 Liaison Corporal January 1 through December 31, 2010 – Cost - $2,097.

o Provide a community service officer (CSO) to work an average of 2.5 hours per week in the

city January 1 through December 31, 2010 – Cost - $3,700.

o Provide .08 patrol vehicle January 1 through December 31, 2010 – Cost - $1,441.

o Fund the South West Metro Drug Task Force in 2010 is $2,100.

o Overtime Contingency – Cost - $500

• Total cost for the 2010 Police Contract with the City of Hamburg is $23,941.

• Last years (2009) Police Contract total contract amount was $19,595.

• Councilmember Trebesch asked if the city would have to contract for the Drug Task Force.

o Mayor Malz responded that that City would not have to but there have been a couple of

instances in Hamburg and it would be recommended to contract with the Drug Task Force.

• Council discussed cutting the CSO hours from 2.5 hours per week to 2.0 hours per week. The

savings would be about $740 per year. Council decided not to cut the CSO hours for 2010.

• Councilmember Mueller moved to adopt the 2010 Policing Contract in the amount of $23,941,

Councilmember Trebesch seconded and motion unanimously carried. All Council members were

present.

Set Special Meeting – Budget Workshop Meeting

• City Clerk Gruenhagen suggested Council set up a Special Meeting date before the December 8th

City Council meeting to go over the 2010 Final Budget and City Fee Schedule for 2010. The date,

Tuesday December 1st, that Council had previously set for the Special Meeting could not be held on

that day between the hours of 6:00 p.m. and 8:00p.m for Central Public Schools is holding a School

Referendum that day.

• Councilmember Cummiskey moved to have the Special Meeting held on Monday, November 30,

2009, at 6:30 p.m., Councilmember Mueller seconded and motion unanimously carried. All

Council members were present.

December 22nd City Council Meeting

• Over the last three years Council has decided not to hold the last meeting in December due to the

Hamburg City Council Meeting

November 24, 2009

9

Christmas season. City Clerk Gruenhagen asked Council if they would like to cancel the December

22nd meeting unless there is an emergency that one should be held on that date.

• Councilmember Cummiskey moved to leave it up to the discretion of the City Clerk and Mayor

whether or not to hold a City Council meeting on December 22nd, 2009, Councilmember Trebesch

seconded and motion unanimously carried. All Council members were present.

Time Off Request

• City Clerk Gruenhagen informed Council that he will be in around 9:00 a.m. tomorrow, November

25th and then will be leaving early that day for another appointment. December 2, 8, and 9 he

requested to leave early (4:00 p.m.) for those days and to the use of a Vacation Day for December 28.

• Council did not have any objections to his requests.

Closing of City Offices

• City offices will be closed November 26 and 27 for Thanksgiving.

Lights for Community Center Parking Lot

• The Hamburg Lions Club is asking for additional lighting to light up the parking lot area around the

Community Center.

• City Clerk Gruenhagen will check with Xcel Energy if a light could be placed on the southwest

corner of the parking lot.

• Maintenance Worker Byerly will be asked to contact Robb's Electric and ask them about installing

additional lighting.

City Council Reports

Councilmember Mueller (Sewer & Water)

• Councilmember Mueller updated the other members of Council on the two City welcome signs. The

county will put them up and maintain them for the city. The signs will be 32" x 66" made out of

vinyl and the cost for each sign would be $243.

• Councilmember Barnes moved to purchase two Welcome to Hamburg signs, seconded by

Councilmember Trebesch and motion unanimously carried. All Council members were present.

•

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 commented that there is a dog on Railroad Street that is tied up but is on the sidewalk

constantly. Residents have complained and asked if the owner could be notified to leash the dog

further back on the property so it can not reach the sidewalk.

• City Clerk Gruenhagen and Deputy Clerk Block both had previously researched the city ordinances

and found no ordinance pertaining to this situation.

Hamburg City Council Meeting

November 24, 2009

10

• Council discussed and decided that either Councilmember Barnes or Mayor Malz will contact the

owner and ask if he would leash the dog so it can not reach the sidewalk.

Approve Claims List for November 2009

Councilmember Cummiskey moved to hold payment of check number 14130 contingent on approval by

the Hamburg Fire Chief and accept Claim Numbers 14122 through 14136 including the ACH payments,

Councilmember Barnes seconded and motion unanimously carried. All Council members were present.

Employee Evaluations

Council asked if any employees wanted to request that the meeting be open and not closed for employee

reviews. (It is closed unless the employees ask for it to be open.)

• Deputy Clerk Block requested that the meeting be closed.

• Maintenance Worker Byerly requested that the meeting be closed.

• City Clerk Gruenhagen requested that the meeting be closed.

Councilmember Cummiskey moved to recess the Hamburg City Council meeting at 9:19 p.m.,

seconded by Councilmember Barnes and motion unanimously carried. All members were present.

Mayor Malz read the following:

This meeting is being closed pursuant to Minnesota Statues, Section 13D.05 Subdivision 3(a), which permits

such an action in order to evaluate the performance of an individual who is subject to the authority of the

Hamburg City Council.

The individuals to be evaluated are Sue Block, Dennis Byerly, Jeremy Gruenhagen employed by the City of

Hamburg.

Pursuant to Minnesota Statue, Section 13D.05, Subd. 3(a), the proposed closed meeting must be open at the

request of the employee.

• Deputy Clerk Block requested that the meeting be closed.

• Maintenance Worker Byerly requested that the meeting be closed.

• City Clerk Gruenhagen requested that the meeting be closed.

Councilmember Cummiskey moved to close the Hamburg City Council meeting at 9:22 p.m. for employee

reviews, seconded by Councilmember Mueller and motion unanimously carried. All Council Members

were present. Pursuant to motion, second and vote of the Hamburg City Council, this meeting is now

closed.

Councilmember Cummiskey moved to reopen the Hamburg City Council meeting at 10:25 p.m., seconded

by Councilmember Mueller and motion unanimously carried. All members were present.

Councilmember Mueller moved to adjourn the Hamburg City Council meeting at 10:26 p.m., seconded by

Councilmember Barnes and motion unanimously carried. All Council members were present.

Hamburg City Council Meeting

November 24, 2009

11

Submitted by:

Sue Block

Deputy Clerk

Hamburg City Council Minutes – December 8, 2009

Mayor Malz called the regular meeting of the Hamburg City Council to order at 7:01 p.m. Councilmember

Steve Trebesch, Councilmember John Barnes, Councilmember Larry Mueller, Councilmember Brian

Cummiskey, City Clerk Jeremy Gruenhagen, Deputy Clerk Sue Block, Maintenance Worker Dennis Byerly,

and Fire Chief Brad Droege were in attendance. Others present were Rich Schug (Hamburg Baseball Club).

 

Agenda Review (Added Items) and Adoption

• Added – Memo from MNSPECT – Ordinance to include Plumbing in Building Code review.
  
• Added – Claims List
  
• Added – Ordinance #134 (Changes)
  
• Added – Lawful Gambling Permit for the Hamburg Baseball Club
  
• Added – Updated Delinquency List
  
• Added – Building Report for Councils review.
  

Councilmember Barnes moved to adopt the agenda with the six additions, seconded by Councilmember

Trebesch and motion unanimously carried. All Council members were present.

 

Old City Business

• Number 1 – Cities Website - To be completed by January 1, 2010 - Hamburg's Domain name will be; cityofhamburgmn.com.
  
• Number 2 – Ask Representative Kohl's and Senator Ortman back to discuss infrastructure issues again. – Keep on list.
  
• Number 3 – Change wording on how many dogs constitutes a dog kennel to 4 dogs – Remove from list - This will be voted on at tonight's city council meeting.
  
• Number 4 – City Business Cards - Remove from list – City Clerk Gruenhagen will print some up for Council.
  
• Number 5 – Expanding Community Center – Keep on list.
  
• Number 6 – Take pictures and keep list of City property – Keep on list.
  
• Number 7 – Set up committee meeting for city sign usage – City Clerk Gruenhagen, Councilmember Barnes, Mayor Malz, and one member from each of the city clubs. – Set meeting for the first of the year (2010).
  
• Number 8 – Spray park for dandelions – Put on Maintenance Worker Byerly's list.
  
• Number 9 – Install fans at Hall – Completed - Remove from list.
  
• Number 11 – Purchase lawn mower - Remove from list, lawn mowers were sold.
  
• Number 12 – Fix hole by hall dumpster - Maintenance Worker Byerly working on – Keep on list.
  
• Number 13 – Projector Screen for Community Center – Remove from list – Councilmember Cummiskey brought one to the Council meeting for approval.
  
• Number 14 – Change city assessment search fee from $10 to $20 effective January 1, 2010 – Remove from list - This will be added to the 2010 City Fee Schedule for review.
  
• Number 15 – Add research fee to City Fee Schedule starting January 1, 2010 – Remove from list, this will added to 2010 City Fee Schedule for review.
  
• Number 16 – Rent Mini Biff for 2010 summer – Included in the budget 2010 season – Put on Maintenance Worker Byerly's list.
  
• Number 17 – Take pictures of Grams and send nuisance letter – Revisit Next Spring.
  
• Number 18 – New City Welcome Signs – Take off list – Completed - County will put them up.
  

  
   

Approve Minutes for November 10, 2009

 

• Councilmember Mueller moved to approve the November 10, 2009 City Council Minutes, Councilmember Barnes seconded and motion unanimously carried. All Council members were present.
  

 

Fire Department Report – Chief Brad Droege

 

US Fish & Wildlife Grant

• The reimbursement money in the amount of $1,485 should be received sometime this week. When received this grant will be completed.
  

 

FEMA Grant

• Chief Droege closed out the 2008 Grant. Waiting for the final letter stating that every thing has been completed.
  

 

Training Reimbursement

• The fire department is receiving $1,800 in training reimbursement.
  

  
   

Toy Drive Breakfast

• The Toy Drive Breakfast did well this past Sunday. Eighty (80) people were served and they donated $554 in cash and 45 toys were also donated.
  

Safety Recall

• The safety recall repair on the Fire Department's 2001 Ford Econoline Ambulance has been

completed.

Fire Department Officers for 2010

• Fire Chief – Brad Droege

• 1st Assistant – Adam Glander

• 2nd Assistant – Justin Buckentin

• Secretary – Brenda Droege

• Training Officer – Jared Mackenthun

• Councilmember Cummiskey moved to approve the 2010 Fire Department Officers as stated,

seconded by Councilmember Barnes and motion unanimously carried. All Council members were

present.

Gun Raffle

• The Gun Raffle will be held Saturday night, December 12th at 10:00 p.m. at Parkside Tavern.

Old City Sign for Announcements

• The old city sign was put on a trailer to be used for social events like the Pork Chop dinner or the

annual Fish Fry.

Fire Department Group Pictures

• The Fire Department paid for some group pictures that were taken Monday night, December 7th.

MN Lawful gambling Permit for Hamburg Baseball Club

MN Lawful Gambling Permit for 52 Club Raffle

• Richard Schug representing the Hamburg Baseball Club requested a Minnesota Lawful Gambling

permit for their annual 52 Club Raffle. The raffle will be held on July 18, 2010.

• Councilmember Cummiskey moved to approve the Hamburg Baseball Club's request for a

Minnesota Lawful Gambling permit for July 18, 2010, Councilmember Mueller seconded and

motion unanimously carried. All Council members were present.

Hamburg City Council Meeting

December 8, 2009

3

Scott Qualle (MNSPECT)

Agreement and Contract for Building Inspection Service for 2010

• City Clerk Gruenhagen informed Council that Mr. Qualle was unable to attend the meeting tonight

however he will be attend the January 12, 2010 City Council meeting.

• MNSPECT is requesting that the City renew their contract to provide building inspection, plumbing

plan review, and sediment & erosion control inspection services under the same terms and conditions

as their previous agreement. The only change would be to the date of inception: January 1, 2010, to

the date of termination: December 31, 2010. The agreement would automatically renew for one year

terms, subject to the termination language in paragraph 11 of the current agreement.

o The Council would have to adopt Ordinance Number 136 to include Plumbing Plan Review

by MNSPECT.

• Council briefly discussed continuing with MNSPECT or going to RFP's, they also discussed state

fees.

• Councilmember Cummiskey moved to hold a Public Hearing at 6:55 p.m. on January 12, 2010 to

adopt Ordinance Number 136 to include Plumbing Plan Review by MNSPECT, Councilmember

Mueller seconded and motion unanimously carried. All Council members were present.

• Councilmember Cummisky moved to hold a Public Hearing at 6:55 p.m. on January 12, 2010 to

discuss extending the Cities contract with MNSPECT, Councilmember Mueller seconded and

motion unanimously carried. All Council members were present.

• Councilmember Mueller asked how many days before terminating the contract with MNSPECT the

City has to notify them.

o City Clerk Gruenhagen will check on this and report back to Council at the January 12, 2010

meeting.

2010 Final Tax Levy and Final Budget (Set & Adopt)

Public Comments on 2010 Final Budget & Tax Levy

• No public in attendance to comment on 2010 Final Budget.

2010 Final Tax Levy Certification to Carver County

• City Clerk Gruenhagen went over the changes Council had made to the 2010 Final Budget from the

November 30th Workshop Meeting. Clerk Gruenhagen reported on the changes:

o Page 4 – Revenues – Property Taxes – Estimate Actual 2009 increased to $337,511.

o Page 4 – Revenues – Market Value Credit - Estimate Actual 2009 increased to $24,836.

o Page 4 – Revenues - Community Center Rentals – Estimated Actual 2009 - $2,200 – Up $100

from 2008.

o Page 4 – Revenues – Refunds & Reimbursements – Estimated Actual 2009 - $6,300. The

City should receive an insurance refund/property tax dividend that the League of Minnesota

Cities gives back. LMC is doing a $9 million dollar dividend that will be returned to the

cities. The amount is calculated from the number of claims filed during the year.

o Page 4 – Revenues – Compost Grant – Estimate Actual 2009 - $2,250

o Page 5 – GF Expenses – Mayor, City Council, and Planning Commission – Estimate Actual

2009 rose to $5,285 due to special meetings.

o Page 5 – GF Expenses – Equipment & Improvements – Estimate Actual 2009 - $3,156. This

is slightly down from $3,300 that was previously estimated.

o Page 5 – GF Expenses – Supplies & Parts – Estimated Actual 2009 - $3,500. This is down

from the previous estimate of $4,100.

Hamburg City Council Meeting

December 8, 2009

4

o Page 5 – GF Expenses – Repairs and Maintenance – Estimated Actual 2009 - $9,630. The

reason for the increase was due to the heater that was replaced in the Fire Hall.

o Page 6 – Public Safety – Office Supplies – Estimated Actual 2009 – Increased approximately

$475. Fire Department purchased a new TV for training videos and for other clubs to use.

o Page 6 – Public Safety – Repairs & Maintenance (Equipment) – Estimated Actual 2009 -

$4,500. This is down $500 from the estimated $5,000.

o Page 6 – Public Safety – Training – Estimated Actual 2009 – This went up substantially due

to $1,800 increase in training; however this amount was reimbursed. The $1,800

reimbursement is listed under Revenues – Reimbursement on Page 4.

o Page 6 – Public Works – Supplies & Parts – Estimated Actual 2009 – Reduced slightly to

$625.

o Page 6 – Public Works – Street Maintenance & Sidewalk Repairs – Estimated Actual 2009 –

Reduced $500 from $10,500 to $10,000.

o Page 7 – Park & Recreation – Repairs & Maintenance – Estimated Actual 2009 – Was

lowered to $750 from $1,000.

o Page 7 – Community Hall – Repairs & Maintenance – Estimated Actual 2009 – Increased

from $5,000 to $7,725. Increase was due to the wiring for the new fans, fuse boxes, and

replacement of one heater.

Overall a projected Net Income of $13,662 for 2009, this amount can fluctuate up or down depending mostly

on the amount of snow removable that would have to be done between now and the end of the year and other

factors that may increase/decrease actual costs for 2009. Legal Fees could also increase. City Attorney Mac

is working on easements for the sewer project.

The following items related to the 2010 Final Budget were also discussed:

Wage Increases

• Council approved a 3% wage increase for its City employees.

Health Insurance

• Health Insurance premiums increased 2.76% for City Clerk Gruenhagen and Maintenance Worker

Byerly.

Workers Compensation

• Workers Compensation fluctuates greatly between different departments and adjustments were made

for each category.

Property and Casualty Insurance

• Increased approximately 3%.

Hall Ceiling Tiles

• Council added $500 to replace the ceiling tiles in the Hall.

Handicap Accessible Bathroom

• Council decided at the Workshop Meeting to change the priority for using the budgeted $11,000 from

installing AC in the Hall to installing a handicap accessible bathroom. If any money is left over it

will be kept in the budget for the possibility of installing AC in the Hall and purchasing new tables.

Other items Council discussed:

• Mosquito Spraying – $250 per spray

o Monitor the seasonal need and shift dates as needed.

• Street Sweeping and Tree Trimming

o On average the city spends $2,500 on street sweeping and tree trimming. Council decided to

drop trimming the trees this year and reduce the budgeted cost to $2,250.

• Crack Sealing

Hamburg City Council Meeting

December 8, 2009

5

o Keep the $6,000 in the budget for crack sealing but include the line item and amount in Street

Maintenance.

• Park Portable Restroom Rental

o There is $485 in the budget to rent the portable handicapped restroom for the park next year.

Council decided to rent the unit again in 2010 but anchor it down some how so it does not get

tipped over again.

o City Clerk Gruenhagen will talk with the company on how to secure the unit during rental.

• General Government Expenses for 2010– Mayor and City Council was increased to $5,400. The

main reason for the increase is to cover cost for special meetings.

• Hall Damage Deposit was increased in the budget from $300 to $350. Increased to cover the actual

amount of rental contract damage deposit cost if the city has to refund the amount.

• Electric Pump for emergencies.

o Council discussed and decided to purchase an inch and a half discharge electric motor for

emergencies after the first of the year. The money for the purchase would be taken out of the

Sewer Fund.

Council continued to discuss ways to cut the budget and came to the conclusion to lower the Final Property

Tax Levy to an increase of only .71% ($403,276).

Councilmember Cummiskey moved to set the 2010 Final Property Tax Levy at $403,276, a 0.71%

increase, Councilmember Barnes seconded and motion unanimously carried. All Council members were

present.

Councilmember Barnes moved to adopt the 2010 Final Budget, seconded by Councilmember Mueller and

motion unanimously carried. All Council members were present.

City Fee Schedule – 2010 Proposed Changes

• Water, Garbage, & Sewer Rates

o Metered Water (Base Fee) – increase from $15.00 per month to $16.00 per month (6.5%

increase)

o Metered Water (Per Thousand Gallons) – increase from $7.05 per gallon to $7.50 per gallon

o Sanitary Sewer (Base Fee) – increase from $11 per month to $12.50 per month

o Sanitary Sewer Metered (Per Thousand Gallons) – increase from $4.60 per gallon to $5.20 per

gallon

o Storm Sewer rates will be added sometime this summer in 2010 and the change will be done

by ordinance.

• City Council & Special Rates

o Background Check Fee – added to include the Cost of Background Check

o City Man Power – Hourly Rate – $35 per hour

o City Man Power (Equipment) – Hourly Rate – $110 per hour

o Information Research Fee – Public Data Only – added – If over 30 minutes, $35 per hour plus

materials.

o Returned Check Charge – added - $35

o Special Assessment Search – increased from $10 to $20

o Election Judges - Keep at $10 per hour.

• Councilmember Cummiskey moved to hold a Public Meeting to adopt Ordinance Number 135, City

Hamburg City Council Meeting

December 8, 2009

6

Fee Schedule, on January 12, 2010 at 6:50 p.m., Councilmember Barnes seconded and motion

unanimously carried. All Council members were present.

Dennis' Report (Public Works & Utilities)

Electrical Boxes and Fans in Hall - #2 on Project List

• Robb's Electric has completed the upstairs wiring in the Hall.

• The basement switch panel needs to be completed and the price was not included in the quote for the

upstairs wiring.

Storm Sewer Repair- City Shop - Henning's Excavating – #4 on Project List

• Henning's are planning on coming yet this fall.

o Council decided to have Maintenance Worker Byerly call Henning's and postpone the project

until next spring.

General Maintenance Schedule - #6 on Project List

• Maintenance Worker Byerly has started a maintenance schedule for the Water Treatment Plant.

• City Clerk Gruenhagen stated that when the schedule is completed to bring it him so the schedule can

be put on a spread sheet and on the computer.

Cap Off Gas Line - #8 on Project List

• The gas line to the stove in the Hall basement has been capped off.

Paint Picnic Tables - #9 on Project List

• Maintenance Worker Byerly informed Council that he has started to paint the picnic tables and

hopefully will get to all of them.

• Councilmember Mueller responded to Maintenance Worker Byerly that you will, not hopefully, get

to all of them.

Shop Door - #11 on Project List

• Council decided that the City Shop door should be installed before the end of the year (2009) as long

as the Shop Driveway will be delayed until next spring. Replacing the door is on the budget for

2009.

• Maintenance Worker Byerly informed Council that he has not finished painting the door. Council

advised him to complete the task and have the door installed.

Shut Off Key - #13 on Project List

• Water shut off key for 420 Maria has not been made yet.

Hanging Heaters

• The replacement hanging heaters have been installed. One was replaced in the Hall and one in the

Fire Department Bay area.

Recall on Hydrants

• Maintenance Worker Byerly informed Council that he received a recall notice from American Flow

Control on some hydrants that were installed in the City. The grease that was used contains an

acetate additive that is corrosive.

• Bruce Osborn from Victoria was called and he will be coming to Hamburg to repair the hydrants.

Mr. Osborn is contracted with the AFC to do the repair at no cost to the city.

• City Clerk Gruenhagen also forwarded this information to Doug Parrott (SEH).

Carver County Public Works Meeting

• Maintenance Worker Byerly informed Council that he is planning to attend the 2010 Projects &

Permit Fees meeting. The meeting will be held on December 16, 2009 at 10:00 a.m. in Cologne.

Hamburg City Council Meeting

December 8, 2009

7

New City Welcome Signs

• Councilmember Mueller asked Maintenance Worker Byerly to take the two new city signs to the

Carver County Maintenance shop this week or next. They would like the signs at their shop just

incase they will be able to install the signs before the fist of the year.

Light Switches by City Shop Door

• The three inside light switches by the shop door do not always work and Maintenance Worker Byerly

was asked by Council to fix them.

Emergency Exit Signs

• Maintenance Worker Byerly was asked to check all emergency exit signs within the City to make

sure they are all battery backup units and are kept on at all times. This is a fire code requirement and

he should work with the Fire Inspector to meet all requirements.

Lights for Community Center Parking Lot - #16 on Project List

• This has been checked into and there is no electrical power on the North side of Co. Rd. 50

(Broadway Avenue) to install the lights.

• The suggestion was brought up to put flood lights around the Community Center to help illuminate

the parking area.

Flush Hydrants

• Councilmember Trebesch asked if the hydrants were flushed this fall.

• Maintenance Worker Byerly replied that they were not flushed and this probably will not get done

before winter. Councilmember Mueller stated to Maintenance Worker Byerly that not flushing the

hydrants this fall is inexcusable.

Sump Pumps

• City Clerk Gruenhagen will check the City streets and notify residents who are still pumping water

into the streets to discharge their sump pumps inside.

Deputy Clerk Report

Delinquent Utility Bills

• Emily Siebold is still making $50 payments every other week.

• Darrell Grams was sent a reminder notice on December 3rd that he is past due on his utility bill and as

of this meeting Mr. Grams has not responded.

o Council discussed and decided to give Mr. Grams some more time to see if he does make a

payment.

• Liz Garcia (617 Donald Avenue) is renting the home and a delinquent letter was sent to the owners

(Dwyane & Kelly Dworshak) informing them that she is behind in payments.

Request for Time-Off

• Deputy Clerk Block requested December 23, 2009 off as a vacation day.

• Councilmember Cummiskey moved to approve the requested time off for Deputy Clerk Block on

December 23, 2009, Councilmember Mueller seconded and motion carried. Councilmember

Barnes abstained.

Clerk/Treasurer Report

Employee Reviews for City Employees – 2010 Wages and Benefits

• City Clerk Gruenhagen reported that closed meetings were held for employee evaluations on

November 24, 2009.The outcome from the closed meeting for was as follows:

Hamburg City Council Meeting

December 8, 2009

8

o A 3.0% increase was given to all employees, Jeremy Gruenhagen, Dennis Byerly, and Susan

Block. Health Insurance for Jeremy Gruenhagen and Dennis Byerly remained the same. The

City of Hamburg pays 100% of their health insurance including their families. Sue Block is

part time and not eligible for health insurance through the City of Hamburg.

Ordinance Number 133–Chapter 160: Zoning & Subdivision Ordinance - Resolution Number 2009-12

• Resolution approving publication of Ordinance Number 133 by Title and Summary.

• Councilmember Barnes moved to adopt Resolution Number 2009-12 approving Ordinance

Number 133, Councilmember Cummiskey seconded and motion unanimously carried. All Council

members were present.

Ordinance Number 134 – Chapter 95.06 of the Hamburg City Code pertaining to (A) Definition of

Kennel and (B) Kennel as a nuisance.

• City Clerk Gruenhagen drafted the change to Chapter 95.06 of the Hamburg City Code as to what

constitutes a kennel and a kennel as a nuisance. He presented the change to the City Attorney and the

following is what the City Attorney suggested;

o 95.6 KENNELS

􀂃
(A) Definition of kennel. The keeping of four or more dogs or cats on the same

premises, whether owned by the same person or not and for whatever purpose kept,

shall constitute a "kennel;" except that a fresh litter of pups or kittens may be kept for

a period of four months before that keeping shall be deemed to be a "kennel." Retail

businesses within the City Business District are excluded from this ordinance.

􀂃
(B) Kennel as a nuisance. Because the keeping of four or more dogs or cats on the

same premises is subject to great abuse, causing discomfort to persons in the area by

way of smell, noise, hazard, and general aesthetic depreciation, the keeping of four or

more animals on the premises is herby declared to be a nuisance and no person shall

keep or maintain a kennel within the city. Retail businesses within the City Business

District are excluded from this ordinance.

• Councilmember Cummiskey moved to adopt Ordinance Number 134 amending Chapter 95.06 of

the Hamburg City code pertaining to definition of Kennels and Kennels as a nuisance,

Councilmember Mueller seconded and motion unanimously carried. All Council members were

present.

2009/2010 Prosecution Contracts Amendment

• City Clerk Gruenhagen informed Council that the state law changed pertaining to the 2009 and 2010

Prosecution Contract. Until July 1, 2009 Minnesota Statute 484.90 required fine revenue be divided

in thirds – one third to the city, one third to the city's prosecuting authority and one third to the State.

The 2009 legislative session changed the process by which fines generated through municipal

prosecution are distributed.

• As of July 1, 2009, State Court Administration began sending all the fine money that the state is not

entitled to directly back to the local towns and cities. The State continues to retain one third of the

fine revenue. It will be the cities responsibility to reimburse their municipal prosecution service

provider (Carver County Attorney) half of what the city received in revenue from the state.

• The Carver County Attorneys Office sent the City of Hamburg two Prosecution Contract

Amendments, one for 2009 and one for 2010.

o 2009 Prosecution Contract Amendment – The County shall be paid one-third of all fines and

penalties collected from July 1 to December 31, 2009. In January of 2010 the Office of the

Carver County Attorney shall invoice the City of Hamburg. The City of Hamburg will have

thirty days to remit one half of the funds distributed to the City of Hamburg by the State by

the State Court Administration.

Hamburg City Council Meeting

December 8, 2009

9

o 2010 Prosecution Contract Amendment – The County shall be paid one third of all fines and

penalties. Three times a year (every four months) the Office of the Carver county Attorney

shall invoice the City of Hamburg. The City of Hamburg shall within thirty days of receipt of

the invoice remit one half of the funds distributed to the City of Hamburg by the State by the

State Court Administration.

• Councilmember Cummiskey moved to approve the 2009 and 2010 Prosecution Contract

Amendments, Councilmember Mueller seconded and motion unanimously carried. All Council

members were present.

Approve 2010 Cigarette License for Parkside Tavern

• Councilmember Cummiskey moved to approve a 2010 Cigarette License for Parkside Tavern (490

Henrietta Avenue) at $100 per City Fee Schedule, Councilmember Barnes seconded and motion

unanimously carried. All Council members were present.

I & I Abatement Program Update

• City Attorney Mac is working on drafting up the easements. When the city receives the easement,

arrangements will have to be made with the residents to sign them.

• Wetland Conservation Act decision was received and on the basis that no comments objecting to the

approval of the delineation were received the wetland delineation report dated July 1, 2009 was

approved. The notice of the decision was provided for Council review.

• Doug Parrott (SEH) received and forwarded an email from the Carver County Water Management

Organization asking a few questions concerning what the water level in the ditch by the city park has

been during spring runoff and high rainfall amounts.

o Has the ditch ever overflowed its banks in the area west of Martha Street?

o How high does the water get in the ditch during spring runoff and how long does it stay up?

o Have there been any rain events that caused the water level to significantly raise in the ditch –

either from city discharge of storm water or from water backing up in the ditch from

downstream areas? How long did it stay up?

o Does the Water level go down to its "normal" level quickly and stay that way for most of the

year?

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Council discussed these questions and came to the conclusion that they have never

heard or seen the water in the ditch overflow its banks.

• Doug Parrott (SEH) also received an email from the County Public Works Department requesting a

meeting with Council to discuss traffic control during the project. Especially when crossing County

Road 50 (Park Avenue).

o Council discussed and decided to suggest closing the street completely.

o City Clerk Gruenhagen will notify Mr. Parrott that Councils suggestion would be to close the

entire street during the project.

• City Clerk Gruenhagen submitted the paper work to MN PFA to include the project on the 2010

Project Priority List (PPL). Ron Seymour is continuing to work on funding options. Mr. Seymour is

also trying to get the Storm Sewer project funded through the 2010 PPL along with the Sanitary

Sewer project.

December 22nd City Council Meeting

• Previous years the city council has decided to cancel the last council meeting in December. City

Clerk Gruenhagen asked Council if they wanted to cancel the last scheduled meeting, December 22nd,

2009.

• Councilmember Cummiskey moved to cancel the last City Council Meeting, December 22, 2009,

unless it is deemed needed by the City Clerk or Mayor, Councilmember Trebesch seconded and

motion unanimously carried. All Council members were present.

Hamburg City Council Meeting

December 8, 2009

10

Time Off Request

• City Clerk Gruenhagen requested permission to leave at 4:00 p.m. on December 10, 11, 15, and 18.

On December 23rd he will be out of the office until 10:30 a.m. and requested to be take a Vacation

Day for December 28, 2009.

• Councilmember Mueller moved to approve City Clerk Gruenhagen requested time off on

December 10, 11, 15, and 18 to leave at 4:00 p.m., December 23rd to be out of the office until 10:30

a.m. and the entire day off on December 28, 2009, Councilmember Trebesch seconded and motion

unanimously carried. All Council members were present.

Informational Items (Comments)

• The School Board Referendum passed on December 1, 2009.

• Business & Professional Directory for Hamburg – Council suggested calling local businesses to find

out if they want to be included on the list.

o Add – Car Wash

o Call - Prime Time Builders

o Call - E Kids Day Care

o Call - Amy Buckentin – Day Care

o Call - Steven Buckentin (S&M Buckentin Builder)

o Call - Hatterschide (H2 Develop Inc.)

o Call – Russ Schneewind (Custom T's)

o Call – Gary Carlson ( All Metro Plumbing)

o Check on – Prime Time Builders

• Ehlers and Associates (Potential Refunding of Bonds)

o Hamburg does not qualify at this time.

• City Offices Closed

o City Offices will be closed December 24th and 25th and January 1st for the Holidays.

City Council Reports

Councilmember Mueller (Sewer & Water)

• Councilmember Mueller asked if next year someone else be assigned as acting Mayor. Maybe this

could be moved around to other Council members.

o Council decided to address this request at the first Council meeting in January.

o

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 commented that he has not talked to the owner of the dog on Railroad Street yet.

o Residents have complained and asked if the owner could be notified to leash the dog further

back on the property so it can not reach the sidewalk.

Approve Claims List for November 2009

Councilmember Mueller moved to approve Claim Numbers 14137 through 14181 plus include the

corrections to Councilmember Trebesch and Councilmember Cummisky number of Special Meetings

from 4 to 6 plus the ACH payments, Councilmember Trebesch seconded and motion unanimously carried.

All Council members were present.

Resolution Number 2009-13

• Resolution approving the delegation of authority for paying December claims.

• Councilmember Cummiskey moved to approve Resolution Number 2009-13 authorizing the City

Administrative Official (Jeremy Gruenhagen) to pay all claims that the City Official deems just

and correct and valid for the month of December, 2009. The City Administrative Official will

present to the City council at the first council meeting after payment of claims a list of the claims

paid and an explanation of the payment. Councilmember Mueller seconded and motion

unanimously carried. All Council members were present.

Councilmember Trebesch moved to adjourn the Hamburg City Council meeting at 9:20 p.m., seconded by

Councilmember Barnes and motion unanimously carried. All Council members were present.

Submitted by:

Sue Block

Deputy Clerk