The Melrose City Council met in a Regular Meeting on Thursday, June 19, 2014 at 6:00 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, and City Clerk Patti Haase. City Administrator/Treasurer Michael Brethorst was absent. 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 amended. Mayor Vogel then opened the floor to public comment. There were no comments.
The following items were considered for approval under the Consent Agenda: Approval of the following:
a. the minutes from the Council’s May 15 Regular Meeting and the May 29 Special Joint Meeting with the Utilities Commission. b. list of bills in the amount of $417,652.05.
c. list of investments for the month of May.
d. Donation Resolutions: 1) Resolution No. 2014-17, Donation in the amount of $1,000 from the Melrose Legion Post 101 to the Melrose Chamber for the Riverfest Celebration
2) Resolution No. 2014-18, Donation in the amount of $100 from Melrose American Legion Post 101 towards Night to Unite
3) Resolution No. 2014-19, Donation in the amount of $434 from Carla Bodeker, Shelley Kemper, Abby Walz, and an anonymous donor towards park benches for the Sauk River Park
4) Resolution No. 2014-21, Donation in the amount of $150 from the Melrose Lions towards Night to Unite
5) Resolution No. 2014-22, Donation in the amount of $200 from the Melrose Lions towards the Chamber Beautification Project
6) Resolution No. 2014-25, Donation in the amount of $1,000 from the Melrose Lions towards the Riverfest celebration
e. Resolution No. 2014-20, Resolution Appointing Election Judges. The election judge appointments are for the Primary Election that will be held on Tuesday, August 12, 2014.
f. A notice has been sent by Street/Parks Supervisor Maus to the property owners at: 15 4th St SE, and 738 4th Avenue NW requesting that the grass be cut. As per City Code 95.38, all property owners shall be responsible for the removal, cutting, or disposal and elimination of weeds, grasses, and rank vegetation or other uncontrolled plant growth on their property that, at the time of notice, is in excess of eight inches in height.
It is recommended that the Council approve the destruction orders as it then becomes effective for the entire growing season, meaning that if at any time after the issuance of the notice a violation reoccurs, the City shall abate the weeds without further notification to the property owner. It should be noted that any unpaid grass cutting bills can, and will be certified against the property prior to year-end.
g. Gambling Resolutions: 1) Resolution No. 2014-23, Resolution Approving Gambling License to St. Mary’s Church for an exemption from lawful gambling license to hold a bingo on October 26, 2014 at the Church of St. Mary’s, 211 5th Avenue SE, in Melrose.
2) Resolution No. 2014-24, Resolution Approving Gambling License to the Sauk River Phantom Bucks Chapter of Minnesota Deer Hunters Association for an exemption from lawful gambling license to conduct a raffle on September 27, 2014 at the Melrose American Legion, 265 Co Rd 173 SE, in Melrose.
A motion was made by Ms. Mayers seconded by Mr. Klasen and unanimously carried to approve the Consent Agenda items.
Police Chief Craig Maus conducted the Swearing-in Ceremony with an Oath of Office and pinning of badge for Police Officer John Hiltunen. Mayor Vogel introduced Finance Director Tessa Beuning to the Council.
Community and Economic Development Director Walz reported on the Planning and Zoning Commission’s June 12 Regular Meeting. Topics discussed included the potential purchase of property for the west substation and potential sale of approximately 1.25 – 1.75 acres of the northern portion of Lot 6, Block One, East Acres Plat Two owned by the City.
Police Chief Maus presented the Police Department’s May report. He noted that a total of four citations were issued in the month of May. There were 78 verbal warnings. Chief Maus stated there were 354 calls for service during this month compared to 209 for May of 2013. The May 2014 calls/request totals reflect the city clean up ordinance calls. The year-to-date number of calls is 1024 compared to 1036 in 2013. For the month of May 2014, the Department received 13 agency assist calls.
During the period from May 8 – June 12, the City Attorney has given significant attention to the following for the City: • Utility Easement: Prepared utility easements needed to extend electric service to new Park View addition.
• Golf Cart Ordinance: Reviewed applicable statutes and existing ordinances and prepared proposed amendments.
Mike Nieslon with WSB & Associates provided an update on the 5th Avenue NE/CSAH 13 Bridge Project. The trail under the bridge has been a challenge to make ADA-compliant as it cannot meet clearance requirements for a full bicycle trail; therefore, it has been revised to an eight-foot sidewalk. Preliminary plans have been submitted to MNDOT for review. The County is still uncertain if the bonding money will be available for 2014 construction as the Melrose bridge is not first on the list to receive funding. The Council, by consensus, approved the bridge aesthetics as number 3 and 4 of the WSB & Associates design sample.
Mayor Vogel noted that in 2013, after receiving presentations from both the Minnesota Association of Small Cities (MAOSC) and the Coalition of Greater Minnesota Cities (CGMC), the Council and Utilities Commission elected to become a member of MAOSC. Membership dues for 2014-2015 are $1,819.10, which would be split equally between the City and Melrose Public Utilities.
A motion was made by Mr. Christenson, seconded by Mr. Klasen and unanimously carried concurring with the Utilities Commission approving the MAOSC membership for 2014-2015.
Mayor Vogel next reported the City received their annual quote for general liability, errors and omissions, auto, equipment, and property insurance through the League of Minnesota Cities Insurance Trust (LMCIT) for the period of May 15, 2014 – May 15, 2015. The total quote is $79,601 compared to $75,915 for the 2013-2014 coverage, resulting in a 4.86% increase in premium cost. The cost for the premium is shared between the General and Utility Funds, $33,547 and $46,054 respectively. The increased premium is due to several factors: several new vehicles were purchased in multiple departments, the City added coverage for its signs, and a new generator was purchased and located at the Wastewater Treatment Facility.
The City’s insurance coverage has a $5,000 deductible, $15,000 aggregate. The City needs to decide whether or not to waive the statutory tort liability limits. The decision to waive or not to waive the statutory limits has the following effects:
1. If the City does not waive the statutory limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the City purchases the optional excess liability coverage.
2. If the City waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000 regardless of the number of claimants.
3. If the City waives the statutory tort limits and purchases excess liability coverage ($1 million for $11,099), a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. In the past the City has not purchased the excess liability coverage.
A motion was made by Mr. Finken seconded by Ms. Mayers and unanimously carried concurring with the Utilities Commission approving the insurance quote of $79,601, to waive the monetary limits on municipal tort liability, to keep the deductible at $5,000/$15,000, and not purchase excess liability coverage.
Mayor Vogel noted that the City of Melrose will be holding its first Wellhead Protection Plan Committee Meeting. This is an update to the City’s current Wellhead Plan. Every 10 years, the City updates the Plan. Letters have been sent out to the previous members to determine their interest in sitting on this Committee. There will be four meetings to develop recommendations to the Council for adoption.
A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried appointing Tim Vogel as a member of the Wellhead Protection Plan Committee.
Mayor Vogel stated that the Fire Department is seeking authorization to obtain bids for the purchase of a general use utility vehicle for the purpose of the replacement of the Command Truck.
A motion was made by Mr. Christenson authorizing the Melrose Fire Department to obtain bids for the command vehicle. The motion was seconded by Ms. Mayers with a roll call vote recorded as follows: For: Council Members Christenson, Mayers, Klasen, and Mayor Vogel; Against: None; Abstain: Council Member Finken due to a conflict of interest.
Mayor Vogel noted that the contract with Thostenson Accounting Consulting will expire on June 30. Consideration is requested to extend the contract on an as-needed basis to allow for training and accounting services. This would not exceed four hours per week. It is anticipated to be less than this; however, to allow for flexibility, it is proposed at four hours. It is proposed to extend the agreement until December 31, 2014.
A motion was made by Ms. Mayers, seconded by Mr. Finken and unanimously carried concurring with the Commission approving the contract extension with Thostenson Accounting Consulting.
Mayor Vogel stated that eight applications were received for the summer seasonal/temporary worker. Staff has recommended, and the Utilities Commission has approved, the hiring of Allen Wolbeck for the 2014 summer seasonal employee. The rate of pay is $9.50 per hour with a start date of Monday, June 16.
A motion was made by Mr. Klasen, seconded by Mr. Christenson and unanimously carried concurring with the Commission to hire Allen Wolbeck for the 2014 summer seasonal employee at a rate of $9.50 per hour.
A request has been made to revise City Code Chapter 76: Motorized Golf Carts and All-Terrain Vehicles allowing operation on designated roadways from sunrise to 10:00 p.m. According to City Attorney Dymoke, as per Minnesota State Statute, motorized golf carts and all-terrain vehicles operated after sunset must be equipped with original headlights, taillights, and rear facing brake lights.
Council Member Finken introduced Ordinance No. 06-19-2014, An Ordinance Amending Melrose City Code Section 76.03, Subdivision F and Section 76.04, Subdivision A. The motion was seconded by Mr. Klasen with a roll call vote recorded as follows: For: Council Members Finken, Klasen, Mayers, Christenson, and Mayor Vogel; Against: None. The following informational items were discussed:
a. Staff is obtaining cost for the installation of an electronic message board/television to be installed in the City Center entrance. The cost not to exceed $1,000 including installation to be split between the General and Utility Funds.
b. Utilities Commission’s May 15 Regular Meeting minutes and the May 27 Special Meeting minutes.
c. MADA/COC’s April 15 Regular Meeting minutes and the May 20 Regular Meeting minutes. d. Planning and Zoning Commission’s April 10 Regular Meeting minutes.
e. The Melrose Area Food Shelf is looking to relocate from its existing location and is requesting assistance in finding a location to relocate and funding to assist with the relocation.
f. Thank you note from the Melrose Gymnastics Team for the use of the billboard, and a thank you note from Community Education Director Stacey Austing-Jacobson for the donation to the Summer Recreation Program.
g. Three videos of the levee and how it was impacted by the rain event of May 31, 2014-June 1, 2014. There were no significant loading or structural impacts to the City; however, the fountain did break loose. Efforts will be made to secure the fountain once the water levels recede.
A motion was made Mr. Klasen, seconded by Ms. Mayers and unanimously carried that the meeting be adjourned at 6:50 p.m. Patricia Haase, City Clerk