Melrose City • August 21, 2014

The Melrose City Council met in a Regular Meeting on Thursday, August 21, 2014 at 6:10 p.m. at the Melrose City Center pursuant to due notice being given thereof. Present were Council Members Joe Finken, Jenny Mayers, Dick Christenson, Tony Klasen, Mayor Tim Vogel, City Administrator Michael Brethorst, and City Clerk Patti Haase. Mayor Vogel presided thereat. The Council then recited the Pledge of Allegiance.
A motion was made by Mr. Christenson, seconded by Mr. Klasen and unanimously carried to approve the agenda as submitted. Mayor Vogel then opened the floor to public comment.
Briana Worms spoke at the open forum requesting that the Council reconsider building a splash pad. Ms. Worms requested that the Council consider allocating a portion of the money from the sale of the hospital campus towards the construction of a splash pad. Ms. Worms presented the Council with a petition containing 250 plus signatures supporting a splash pad at the Sauk River Park. The City Council accepted receipt of the petition and directed that this item be discussed by the Parks and Recreation Board at a future meeting. The following items were considered for approval under the Consent Agenda:
a. The minutes from the Council’s July 17 Special Joint Meeting with the Utilities Commission, the Council’s July 17 Regular Meeting, and the July 17 Special Joint Meeting with the Parks and Recreation Board. b. List of bills in the amount of $ 257,874.85.
c. List of investments for the month of July.
d. 1) Resolution No. 2014-29: Donation in the amount of $25 from Denis and Mary Ann Wensman towards the Melrose Ambulance Department. 2) Resolution No. 2014-31: Donation in the amount of $300 from the Melrose Lions towards the Melrose Area Chamber of Commerce Halloween Festivities.
e. Fire Department uncollectible accounts in the amount of $500 have been submitted to Revenue Recapture, collections, or written off. A complete list of accounts is on file at the City Office. There was also a total of $284 collected from account holders during this quarter.
f. Ambulance Department uncollectible accounts in the amount of $5,751.70 have been submitted to Revenue Recapture, collections, or written off. A complete list of accounts is on file at the City Office. There was also a total of $3,046.85 collected from account holders during this quarter.
g. The Council to give consideration to approval of a Community Festival License – Public Property to The Dam, Inc. for Saturday, August 23, 2014. The event will be held outdoors and a portion of 4th Avenue NE from Main Street to 1st Avenue NE will be closed. This event must comply with City Code Chapter 113.23 (D) which deals with Community Festivals – Public Property. Police Chief Maus and City Administrator Brethorst have reviewed the Community License Application and recommend approving the application.
h. Edwin Santana submitted his resignation from the Fire Department effective April 1, 2014. Mr. Santana served on the Department since 2011.
A motion was made by Mr. Klasen, seconded by Mr. Finken and unanimously carried to approve the Consent Agenda items.
Police Chief Maus presented the Police Department’s July monthly report. He noted that a total of 13 citations were issued in the month of July. There were 102 verbal warnings. Chief Maus noted there were 267 calls for service during this month, that same number of calls was received in July of 2013. The year-to-date number of calls is 1563 compared to 1529 in 2013. For the month of July 2014, the Department received 27 agency assist calls.
City Attorney Scott Dymoke reported on the projects he has been working on for the City:
• New Substation Site: Prepared options agreement for use with potential acquisition of new substation site.
• Trail Extension: Reviewed existing easement agreements to identify potential locations of trail extension connecting the Sauk River Park and the Wobegon Trail. Reviewed possible locations with City staff.
• Ramirez Annexation: Prepared draft documents for use in proposed annexation of Ramirez property by City of Melrose.
Finance Director Beuning presented the General Fund Financial Second Quarter Report. She noted that overall expenses were at 45% of total budget. Although the first half of property taxes has been received, revenues are lower than expenditures due to the City not receiving any Local Government Aid until July of each year. Property tax and LGA together make up 73.9% of the Revenue Budget.
Director Walz reported on Rose Park and Melrose Mobile Home Park storm shelter. The design for the Melrose Mobile Home Park was in the final stage when the architect withdrew from the project; therefore, Mr. Dufner is looking for a new architect. Rose Park storm shelter plan has been approved by the State and is awaiting further direction from the County. City Administrator Brethorst, Council Member Mayers and Director Walz conducted a drive-through inspection of Rose Park and did note that the road repairs and rain gardens seem to have alleviated some of the standing water issues in Rose Park. Council Member Mayers asked that an update of Rose Park be incorporated into the monthly meeting agenda so as to keep cognizant of its condition and progress.
Mayor Vogel noted that in February 2012, the Council and Utilities Commission completed its strategic plan. In 2013, and again in 2014, internal reviews were completed with a staff-facilitated discussion. It was determined during these meetings that once every two years when a new Council is potentially elected, that a professionally-facilitated retreat would occur off site with the Council and Commission. This has been tentatively set for the evening of March 13, 2015 and all day on March 14, 2015. The venue would be Cornerstone on the evening on March 13 and the Little Birch Room at CentraCare on March 14. The meeting would be facilitated by David Unmacht from Springsted, Inc. as he facilitated the first one in 2012.
A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried concurring with the Commission to conduct a Strategic Council/Commission retreat and contract with David Unmacht for an amount not to exceed $3,000.
Mayor Vogel stated that the City is in receipt of two quotes for legal services for City Criminal Prosecuting Attorney. On average, the City prosecutes 100 misdemeanor files per year.
Quote 1: Stearns Country Attorney’s Office – 100 to 125 cases per year will charge $12,500 for calendar year 2015 and 2016. The County will not prosecute local ordinance violations. The City has taken legal action on less than five ordinance violations over the past several years. Most ordinance violations are resolved without going to court. The City would be required to find legal counsel for ordinance violation. A budget of $2,000 would be set aside for this need.
Quote 2: Pottratz Law Office has quoted $25,000 per year for 2015 and 2016. His fees are capped at the amount noted for two years. He will perform the duties required for ordinance violations. Pottratz Law Office takes action to collect for restoration and court fines.
As of June 30, 2014, the City had collected $6,646. The average amount collected through court fines from 2010 through 2013 has been $21,000 per year; in 2012 and 2013, it was $17,000, and in 2014, it is projected to be $13,000. As per communication with Stearns County, Matt Quinn and confirmed by Albany and Sauk Centre, the fine revenues are given to the City and not the County.
A motion was made by Mr. Vogel to contract with Stearns County for legal services for City Criminal Prosecuting Attorney. The motion was seconded by Mr. Christenson with a roll call vote recorded as follows: For: Mayor Vogel, Council Members Christenson, Finken, and Klasen; Against: Council Member Mayers. It was the consensus of the Council to provide Mr. Pottratz with recognition for his many years of service at a future time.
The Council next gave consideration to Contract Voucher No. 1 from Caldwell Asphalt for the 2014 Sealcoat Project. Mike Nielson, PE with WSB & Associates, has reviewed and recommends approving the contract voucher. This voucher is for $78,278.27 and is less a 5% retainage of $4,119.19. The retainage will be paid upon successful completion of the project.
A motion was made by Mr. Christenson, seconded by Mr. Klasen and unanimously carried authorizing payment of Contract Voucher No. 1 to Caldwell Asphalt in the amount of $78,278.27.
The Council next reviewed the summary map of potential sewer maintenance and reconstruction for FY 2015. Quotes would be received to complete the slip lining; however, design work would need to be completed to resolve the freezing issues along 2nd Street SW. A section of the street would need to be replaced.
A motion was made by Mr. Klasen, seconded by Mr. Finken and unanimously carried concurring with the Utilities Commission to authorizing the design of the sewer maintenance and reconstruction of 2nd Street SW.
Mayor Vogel stated that the Council, at its January 23, 2013 meeting, approved the Restated Solid Waste Collection Contract with Bueckers Environmental Services, Inc. with an expiration date of December 31, 2021 and adopted Resolution No. 2013-6, Restating Solid Waste Collection Fees effective April 1, 2013. Mr. Bueckers is requesting rate increases over the next three years with implementation of the 2015 rates to be effective October 1, 2014. Mr. Bueckers addressed the Council noting that due to the increase in business expenditures such as workers comp., vehicle insurance, healthcare insurance and the decrease in revenues from recyclables, they are requesting the Council give consideration to rate increases over the next three years with the 2015 rate increase becoming effective October 1, 2014.
A motion was made by Ms. Mayers approving the proposed rate increase and adopting Resolution No. 2014-30, Resolution Restating Solid Waste Collection Fees. The motion was seconded by Mr. Klasen with a roll call vote recorded as follows: For: Council Members Mayers, Klasen, Finken, Christenson, and Mayor Vogel; Against: None.
Mayor Vogel noted that the City of Melrose contracts with Stearns County for assessing services. The City has contracted with the County for a number of years of which we have seen a positive relationship. The County charges for this service at cost based on the number of parcels within the community. Melrose has 1410 parcels. The 2014 rates are: Vacant: $9.50; Improved lots: $12.50; Land with utilities: $10.00.
A motion was made by Mr. Christenson, seconded by Mr. Klasen and unanimously carried approving the Agreement for Property Assessment Services between the County of Stearns and the City of Melrose.
Mayor Vogel stated that a notice was published informing residents that any petitions requesting public improvements for the year of 2015 must be filed with the City Clerk no later than July 23, 2014. The petitions for improvements such as sanitary sewer, water mains, street, and curb and gutter will be given consideration for improvement in 2015. The City Clerk is not in receipt of any filing for improvements.
Mayor Vogel stated that the Council, at its July 17 meeting, tabled action on authorizing the preparation of the plans and specifications on the 1st St. NE project. Council Member Klasen had requested additional time to review the cost of the project in conjunction with the Five Year Capital Improvement Plan. It was noted that due to the lack of state funding the bridge reconstruction project has been delayed with an anticipated start date of fall 2016 depending on future bridge bonding.
A motion was made by Mr. Klasen, seconded by Ms. Mayers and unanimously carried authorizing not to move forward with the preparation of bids and specifications for the 1st St. NE project. It was the consensus of the Council to push this project back to 2020 or until such time the project would make sense to complete.
Mayor Vogel stated that a claim has been submitted to the League of Minnesota Cities (LMC) for the loss of the fountain. A determination had not yet been made. A quote was received from Atlantic Fountains for replacement of the fountain. There are two options for the fountain: 1) one for one replacement of the current fountain; or 2) an upgraded 5 HP from 3 HP motor and DMX light controller.
The Council, at its July 17 meeting, tabled action pending the outcome of the claim. New information was not available therefore this matter was tabled and will be revisited at the September meeting.
City Administrator Brethorst reported that seven Requests for Proposal for a Wage and Benefit survey were sent out with two proposals being received. Proposals were received from Flaherty & Hood and Springsted and included costs for a survey for just those positions which were recently updated as a result of the vacated Public Works Director position not being back-filled with a one-for-one position as well as a proposal for all City/Utilities positions. City Administrator Brethorst and HR Coordinator Diane Gruber reviewed both proposals which were relatively close in costs and recommended that Flaherty & Hood, the low bidder, be awarded the project. The Utilities Commission, at their August 11 meeting, also reviewed this matter and took action to have all positions evaluated and that the project be awarded to Flaherty & Hood.
Flaherty & Hood: $3,000 for nine positions or $4,500 for all positions plus up to an additional $500 for out-of-pocket expenses including travel, copies, mileage, postage, etc.
Springsted: up to $4,750 for all positions plus up to an additional $500 for out-of-pocket expenses including travel, copies, mileage, postage, etc.
A motion was made by Mr. Christenson concurring with the Utilities Commission action to have all positions evaluated and award the project to Flaherty & Hood. The motion was seconded by Ms. Mayers with a roll call vote recorded as follows: For: Council Member Christenson, Mayers, Finken, and Klasen; Against: None; Abstain: Mayor Vogel due to a conflict of interest.
The Utilities Commission, at its August 11 meeting, approved the purchase of the Rausch property for the future location of the west substation. Mr. Rausch and the Property Acquisition/Disposition Committee have reached an agreed upon purchase price for the City of $26,000, which is supported by the Commission and MADA.
The Council, at its July 17 meeting, authorized entering into the Option and Purchase Agreement if accepted by Mr. Rausch and then proceeding to closing.
A motion was made by Ms. Mayers, seconded by Mr. Christenson and unanimously carried authorizing the property purchase with Mr. Rausch be finalized.
Mayor Vogel noted that the 2007 Dodge Charger has been stripped down and is no longer in use. Police Chief Maus is requesting authorization to sell the vehicle through an auctioning service.
A motion was made by Mr. Finken, seconded by Mr. Klasen and unanimously carried authorizing the sale of the 2007 Dodge Charger through an auctioning service.
Mayor Vogel presented Resolution No. 2014-28, Resolution of Corporate Authorization. The resolution authorizes the City Administrator/Treasurer, Finance Director, Accounting Clerk, and Utility Billing Clerk to act on the City’s behalf in the handling and oversight of City funds.
Ms. Mayers introduced Resolution No. 2014-28, Resolution of Corporate Authorization. The motion was seconded by Mr. Vogel with a roll call vote recorded as follows: For: Council Member Mayers, Mayor Vogel, Council Members Christenson, Finken, and Klasen; Against: None. A copy of the resolution is on file in the City Administration Office.
Mayor Vogel noted that Hank Schreifels of the Stearns County Environmental Services Department has contacted Administrator Brethorst in behalf of Everardo and Maria Botello Ramirez regarding the possibility of the City’s annexing the Ramirez’ .71 acre residential property located at 32892 County Road 168 in Melrose Township adjacent to the Daylight Court development. The septic system serving the Ramirez household has failed and Stearns County has determined that additional repairs to the system, or even its total replacement, likely will not meet the residents’ needs. The County believes the only solution to the Ramirez’ wastewater problem is connecting to the City’s public wastewater system. While the City does not have a wastewater main near the Ramirez property, the property could potentially be served by a private force main connected to the City main serving Daylight Court. Prior to such a connection if approved by the City, the Ramirez property would need to be annexed to the City. A petition for annexation has been received from Mr. and Mrs. Ramirez. A public hearing on the requested annexation has been scheduled for the Council’s September 11 meeting. This information is being presented at this time to inform the Council of the pending public hearing.
Mayor Vogel stated that, in an effort to improve the quality of the lake and determine the cause of the blooms as of late, it is proposed by the Melrose Lake Improvement Association (MLIA) to draw down the lake temporarily. This will allow for a several things to occur.
During this period of time, the residents will be able to clean and repair their shorelines safely. The City will be able to conduct a visual inspection of the Lake side of the fixed site dam, complete the annual inspection and exercise the gates of the dam, and complete a sediment study of the Lake in order to determine composition and disposition of the Lake bottom. Further investigation and planning will also occur during this time in order to determine the cause of the increase in sediment and excess plant growth within the Lake.
Efforts have been made to coordinate with Soil and Water Officer, Sauk River Watershed and DNR. Additionally, a sediment study is recommended to occur of the Lake during or after the draw down. Also, the City and volunteers would work with Bueckers Sanitation to remove large items that have been disposed of over the years into the Lake.
A motion was made by Ms. Mayers, seconded by Mr. Finken and unanimously carried authorizing the notice that a draw down will occur and direct staff to do so.
A motion was then made by Ms. Mayers, seconded by Mr. Christenson and unanimously carried authorizing a sediment study of the Lake to be cost shared with MLIA not to exceed $1,500 by the MLIA. The total cost not to exceed $7,500. The following informational items were discussed:
a. Correspondence from Charter Communications and HD Channel Line-up. b. Thank You note from intern Emily Scholz.
c. The minutes from the Utilities Commission’s July 14 Regular Meeting. d. The minutes from the Parks and Recreation Board’s July 14 Regular Meeting.
A motion was made Mr. Finken, seconded by Mr. Klasen and unanimously carried that the meeting be adjourned at 7:10 p.m. Patricia Haase, City Clerk