The Melrose City Council met in a Regular Meeting on Tuesday, May 17, 2016 at 6:00 p.m. at the Melrose City Center pursuant to due notice being given thereof. Present were Council Members Tony Klasen, Jenny Mayers, Dick Christenson, and Josh Thieschafer, Mayor Joe Finken, City Administrator Michael Brethorst and City Clerk Patti Haase. Mayor Finken presided thereat. The Council then recited the Pledge of Allegiance.
A motion was made by Mr. Christenson, seconded by Mr. Thieschafer and unanimously carried to approve the agenda as amended.
Mayor Finken 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:
• The minutes from the Council’s April 21 Local Board of Appeal and Equalization Meeting, the April 21 Special Joint Meeting with the Commission, and the April 21 Regular Meeting Minutes.
• List of bills in the amount of $424,914.56
• List of investments for the month of April.
1) Donation Resolution 2016-14, donation in the amount of $100 from the Melrose Lions towards the Melrose Police Department
2) Donation Resolution 2016-15, donation in the amount of $50 from the St. Mary’s Mission Group towards the Melrose Senior Activity Center.
3) Donation Resolution 2016-17, donation in the amount of $1,000 from the Melrose American Legion Post 101 to the Melrose Chamber of Commerce as a Silver Sponsor of Riverfest.
A motion was made by Ms. Mayers, seconded by Mr. Thieschafer and unanimously carried to approve the Consent Agenda items.
HRA Executive Director Ernie Kociemba reported that the Melrose HRA received a high performer status, scoring, 97 points out of 100 points. Mr. Kociemba noted that this year’s score was based also on a physical inspection from HUD Management. The high performer status allows the Authority to garner the maximum amount of operation and capital funds possible for the size of operation. Mr. Kociemba reported that the HRA continues to be in sound financial health. Currently all units are full with a waiting list of 20.
Police Chief Craig Maus presented the Police Department’s April report. He noted there were 450 calls for service during that month, which reflects housing code ordinance violations. This is compared to 350 calls for request in April of 2015. The year-to-date number of calls is 1382 compared to 1028 in 2015. A total of 26 citations were written for the month. For the month of April 2016, the Department received 20 agency assist calls.
Planning and Development Director Walz reported on the Planning and Zoning Commission’s May 2 Regular Meeting. The Commission held a Public Hearing on the request received from Willow Express for a Conditional Use Permit to allow the expansion of its existing Truck Transportation business onto an adjacent parcel of property to be acquired from the City of Melrose in the I-2, Light Industrial District. The Commission revisited the Interpretation/Clarification of Application and Approval of Case No. 2015-400, Conditional Use Permit for Excess Door Height on an Accessory Structure on Combined Parcels 66.37014.0000 and 66.37015.0000. The Commission also discussed how to address the increasing number of residential parcels which contain violations of the City’s parking regulations.
City Attorney Scott Dymoke reported on projects he has been working on for the City:
• Community Development: Willow Express Project: Coordinated execution of Option Agreement and Development Agreement by City Officials and Developer. Reviewed title work prepared for Developer and forwarded additional documentation to title company addressing closing requirements.
• Community Development: Eich/JOTS: Reviewed revised option agreements with City staff and participated in discussion of agreement terms between City staff and JOTS. Presented City staff with final drafts of option agreements for presentation to Council for approval.
• Community Development: Meadowlark Apartments Project: Prepared Assignment of Development Agreement and forwarded to closing company for execution. Prepared release of covenants, obtained signature of City Officials and forwarded to closing company.
• Dangerous Dog Ordinance: Reviewed state statutes and ordinances regulating dangerous and potentially dangerous dogs. Prepared summary of existing regulations and recommendation for additional restrictions.
The City of Melrose is exploring the potential of partnering with Boomerang Sports on the expansion of their business operation within Melrose. As has been done in the past on TIF and Loan applications, we have contracted with Traci Ryan for development services to aid with legal compliance. Ms. Ryan has submitted a proposal for this service. A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried approving the contract with Ryan Development Consulting LLC for TIF and RLF Application development consulting services.
Mayor Finken noted that at the February 18, 2016 Council meeting, the Council directed WSB & Associates to develop a Scope of Work for a study to determine the feasibility and cost of replacing the Kraft Wall in cooperation with replacement of the 5th Ave Bridge. The Council reviewed the proposal on April 21, 2016 and directed staff to follow-up with some additional questions regarding options and to have a pre-discussion meeting on options relating to the Retaining Wall.
On May 3, 2016 a Resource Agency Coordination Meeting on the “Kraft Wall Options” was held. Those in attendance included: Tony Klasen, Melrose City Council, Michael Brethorst, Melrose City Administrator; Gary Middendorf, Melrose Streets/Parks Supervisor; Dale Lyon, Melrose Electrical Supervisor; Mark Anderson, MnDNR Support Hydrologist, Little Falls; Eric Altena, MnDNR Fisheries; Wayne Cymbaluk, Stearns County Soil & Water Conservation District; Lynn Nelson, Stearns County Soil & Water Conservation District; Scott Mareck, WSB & Associates.
WSB has provided a revised scope and proposal of the Kraft Retaining Wall. Mr. Nielson with WSB Engineering stated that the condition of the existing retaining wall was evaluated in 1997 and inspected in 2013. WSB has received information pertaining to these previous projects. WSB, as instructed by the City, has provided three main wall improvement concepts.
• Riparian Wall with Full Bank Beach (Alternative #1)
• Repair Existing Lower Wall and Add Upper Terrance Wall (Alternative #2)
• Repair Existing Wall (Alternative #3)
A motion was made by Mr. Klasen authorizing to contract with WSB to conduct the preliminary engineering assessment and cost estimate. The motion was not seconded, the motion failed.
Council Member Thieschafer asked Mr. Nielson of his confidence level of the life expectancy of 75-100 years with Alternative #2 and #3 based on the deterioration of the existing wall. Mr. Nielson stated that he is not a structural engineer however he may share some of the same concerns with either adding to or repairing the existing wall due to the visible erosion and potentially unexposed erosion of the wall.
Council Member Thieschafer expressed his concern with using Alternative #2 or #3 based on the current condition of the wall and therefore did not think it prudent to pursue either of those options.
Council Member Klasen stated that the issue with only exploring one option is the limitation it imposes should cost estimates be exorbitant.
After further discussion a motion was made by Mr. Thieschafer authorizing WSB & Associates to conduct the preliminary engineering assessment and cost estimate for Alternative #1 Riparian Wall with Full-Bank Beach. The motion was seconded by Ms. Mayers with a roll call vote recorded as follows: For: Council Members Thieschafer, Mayers, and Mayor Finken; Against: Council Members Klasen, and Christenson.
Mayor Finken stated that at the MADA meeting held May 12, 2016 and at the subsequent Council meeting held that same evening, business subsidies involving revolving loan fund assistance and/or tax increment financing or related assistance was discussed for the expansion of Business Development Prospect 05-09-2016A in the C-2, Commercial Highway District. The City’s Development Consultant Traci Ryan of Ryan Development Consulting LLC was in attendance at both of the May 12 meetings. MADA recommended and the Council concurred to schedule a public hearing and authorizing TIF Plan Preparation. The Public Hearing is scheduled for June 16, 2016 at 6:00 p.m.
Mayor Finken stated that on May 1, 2016, Community and Economic Development Director Gary Walz submitted his letter of resignation effective May 31, 2016. As per the historical direction of the Council, a full staff review was conducted. This included surveying the affected stake holders of the position. We spoke with outside consultants for possible contracted solutions. We also considered absorbing the duties of the position with the current staff.
The review showed that the current workload and projected workload warrants a full-time staff position and an adjustment to the ¾ time Office Assistant position. The residents who use the Planning and Zoning services have come to expect a timely turnaround for permits, questions, and guidance to conduct their projects. The same is true for Development related questions and efforts.
As per the comments, from City stake holders, staff has received regarding the position, it is desired to find a person who is able to think critically and develop courses of action that look at creative solutions while still balancing the rules and regulations that are in place. Comments have also been made about having someone who can lead planning efforts for municipal projects such as: trails, parks, comp. planning, water planning, as well as aid with utility master plans. Plus, have someone who can address builder and home owner questions about building permits. The individual would also serve as an initial point of contact for Development efforts and expansion within the City.
However, for someone to fill this role as outlined additional staffing would need to be allocated. To allow for this, it is recommended to revert the ¾ time Office Assistant position back to full-time. This position would be the primary point of contact to initiate building permit applications, establish and maintain files for the Building Official and Community Development Director; provide public notary services; and become the main utility billing backup.
Past practice has been to have one person in the lead for Billing with limited backup trained in the operations of the position. To resolve this, the office assistant position has the duty of supporting utility billing. However, due to the realities of a 3 day a week position, training and consistent exposure to the position we are unable to do this. The Billing Clerk position that was recently upgraded from ¾ time to full-time and would continue with some of the original duties including coordinating meetings and facilitating special projects, and ordering and maintaining office supplies. The Billing Clerk would also become the primary position for industrial sewer billing with the Secretary position being the backup.
Due to the increased expectation and workload for the Community Development Director and need to provide consistent resources for the builder and property owners as well as consistent backup for utility billing, it is recommended to revert the ¾ time position back to full time. Plus, allow the Billing clerk to serve as the Primary back up to the Front Desk and perform other duties as discussed.
Staff has also spoken with outside consultants to provide contracted services vs. filling the position for the Community Development Director. A consultant would only be on-site for about 3 days per week. They would also need to attend Council and Planning Commission meetings at an additional cost. In those discussions it was determined that a 24-48 hour response time is typical in contracted services including building permit applications, etc. A request has been made for these costs from two consultants by the end of business on Friday, May 13.
Based on this review and office work load, it is staff’s recommendation to retain the Community Development Director position as a full-time staff position with modification to the job description. Secondly, it is recommended to revert the ¾ time Office Assistant position back to a full-time position. It is estimated that it will cost the General Fund and Utilities a combined cost of approximately $16,000 annually to convert the ¾ Office Assistant to full-time. After this review and if the recommended modifications are made to the positions, there are no salary adjustments that would need to be made to each of the position pay scales.
A motion was made by Ms. Mayers, seconded by Mr. Klasen and unanimously carried adopting the revised job description and pay scale for the Community Development Director position.
A motion was then made by Mr. Christenson, seconded by Mr. Thieschafer and unanimously carried to post the job opening for the Community Development Director position.
Council Member Klasen inquired to the current number of full time administrative positions. Administrator Brethorst stated that staff has lost 2 FTE with the elimination of the Public Works Directors position and the Zoning Officer position. Council Member Mayers stated that she would support reverting the ¾ time Office Assistant to full-time provided that staff utilizes technology by making available on the City website online applications and allow on-line bill pay and credit card processing.
After further discussion a motion was made by Ms. Mayers, seconded by Mr. Thieschafer and unanimously carried to revert the ¾ time Office Assistant back to a full-time position.
Mayor Finken noted that on April 26, 2016 the Melrose Police Department responded to a call regarding a resident bitten by a dog. The dog was not provoked by the individual. Upon review of City Code and State Law it was deemed that the dog could be labeled as a potentially dangerous dog. After review of the incident by City Attorney Dymoke and other law enforcement agencies the dog was in fact labeled as “potentially dangerous”.
Staff conducted a survey among other MN cities relating to their animal ordinances to see how other communities address this issue.
There were questions about restricting breeds or animals during these surveys and discussions as well. Police Chief Maus reviewed with the Council the City’s existing ordinance as it pertains to dangerous animals as well as the established fee schedule.
Council Member Klasen expressed his concern of the maliciousness of pit bulls. Mr. Klasen noted that this breed was originally developed as fighting dogs and therefore tends to have aggressive behavior. Attorney Dymoke noted that due to State Statute the City cannot restrict a specific breed. Chief Maus stated that the City fee schedule is currently structured imposing a $50 fine for the 1st – 3rd violation for a dog at large, $100 fine for the 4th – 6th, 7th license revocation.
It was the consensus of the Council that the penalties were too lenient. The Council directed staff to review and present recommended changes to the penalties pertaining to the fee schedule and animal ordinance.
The minutes from the Utilities Commission’s April 4 Special Meeting, and the April 11 Regular Meeting.
MADA/COC’s February 4 Regular Meeting minutes.
On May 2, 2016 bids were received for the Sauk River Park Splash Pad. Two bids were submitted. Staff will be reviewing them in detail this coming week. We will then have a Special Parks Board meeting on Thursday, May 26 at 6 p.m. to go over the proposals. Neither of the quotes addressed excavating, soils mitigation, dewatering or bringing the water and sanitary sewer to the site. These costs would be determined if the bid was awarded. I have asked for help from some members of the Parks Board to assist with this to give us a solid estimate. Once we complete the review and the Parks Board has completed its review, we will present our findings to the City Council at their June meeting.
A question was raised at to what is the temperature of the City ground water. According to Tim Vogel the average is around 58 degrees. There are no plans to preheat the water for this splash pad to say 80 degrees. As per the vendors, preheating splash pad water is not a standard practice and as per the vendors it is not needed in this situation. As the water is sprayed on versus say soaking in a bathtub this temperature is not an issue. Again, as per the vendors.
The Sauk River Water Shed, Melrose Lake Association, WSB and City staff met to discuss options relating to Melrose Lake. A review of the recent Melrose Reservoir Sediment and updated Feasibility study was had. As it is currently proposed as a lake drawn down and or dredge, it is unlikely the project would be endorsed by the Sauk River Water Shed. However, if efforts were made to include regional shoreline, rough fish restoration, buffer projects and the like, they may become more interested. A joint meeting is proposed between the City of Melrose and the Sauk River Water Shed to discuss in more detail how each group can assist each other in their efforts to provide better water quality.
A work session is proposed for Tuesday, June 21, 2016 at 5 p.m. between the Melrose City Council, Melrose Lake Association and Sauk River Watershed.
A motion was made by Mr. Klasen, seconded by Ms. Mayers and unanimously carried that the meeting be adjourned at 7:35 p.m.
Patricia Haase, City Clerk