Melrose City
September 17, 2015
The Melrose City Council met in a Regular Meeting on Thursday, September 17, 2015 at 6:00 p.m. at the Melrose City Center pursuant to due notice being given thereof. Present were Council Members Jenny Mayers, Dick Christenson, Tony Klasen, Josh Thieschafer, Mayor Joe Finken, Finance Director Tessa Beuning, and City Clerk Patti Haase. Mayor Finken presided thereat. The Council then recited the Pledge of Allegiance.
A motion was made by Ms. Mayers, seconded by Mr. Klasen and unanimously carried to approve the agenda as amended.
Mayor Finken commented that there will be a City Wide Open House on Saturday, October 10. The Fire/Ambulance Station will be open for tours from 11:00 – 2:00 and will be serving hot dogs and chips. The City Administration/Police Building and the Public Utilities Buildings will be open from 11:00 – 1:00 with activities, give-away items, and treats. Mayor Finken also wanted to recognize and thank Morgan Peerboom and her brother Carter. Morgan and Carter stopped by the fire station and gave the fire fighters bags of candy. She delivered these to all of the public safety organizations, Police/Fire/Ambulance. She wanted to thank us for our service. She saved up her money and bought special candy with different significance. As an example Starburst is for a burst of energy that we need, a mint to keep you cool when fighting a fire and so on. As Mayor I have asked for community involvement. I just want to say for a First Grader this is such a generous and kind act. Morgan, please keep up the great work. The Melrose Fire Department and I once again say thank you for making our day.
The following items were considered for approval under the Consent Agenda:
a. the minutes from the Council’s August 13 Special Meeting, the August 13 Regular Meeting, the August 20 Special Joint Meeting, and the August 20 Special Meeting
b. list of bills in the amount of $741,435.08
c. list of investments for the month of August
d. Gambling Resolution: 1) Resolution No. 2015-45, Resolution Approving Gambling License to the Melrose Lions for an exemption from lawful gambling license to conduct a raffle on October 10, 2015 at the Melrose American Legion 265 County Road 173, Melrose, MN.
2) Resolution No. 2015-47, Resolution Approving Gambling License to the Melrose Chamber of Commerce for an exemption from lawful gambling license to conduct a raffle on Friday, November 27, 2015 at 223 Main Street East, Melrose MN
e. The Council to give consideration approving the 2015 – 2016 Safety Management Program Contract between the City and the Minnesota Municipal Utilities Association (MMUA) for their safety program. The agreement is in effect from October 1, 2015 through September 30, 2016.
The Council to take action approving the Safety Management Program Contract. The Commission gave approval to the Contract at their September 14 meeting.
A motion was made by Mr. Christenson, seconded by Mr. Thieschafer and unanimously carried to approve the Consent Agenda items.
a. Mayor Finken then opened the Public Hearing at 6:04 p.m. on the vacation of easement relating to water mains, sanitary sewer mains, and storm sewers for the property at 304 1st St. SW. Mayor Finken stated that the City of Melrose has a five foot permanent utility easement, dated February 5, 2015 over the Property, which was recorded on June 5, 2015 in the office of the Stearns County Recorder. The property owners are requesting to vacate the original easement, and record a new easement specifying a 5 foot easement for electric services only.
Finance Director Beuning presented the Affidavit of Publication of the Hearing Notice which was published on September 1, 2015.
Mayor Finken asked if there were any additional comments or concerns regarding the Vacation request. No further comments were forthcoming; therefore the public hearing was closed at 6:06 p.m.
a. Police Chief Craig Maus presented the Police Department’s August monthly report. He noted there were 247 calls for service during that month compared to 283 for August 2014. A total of nineteen citations were written for the month of August. The year-to-date number of calls is 2014 compared to 1847 in 2014. For the month of August 2015, the Department received 29 agency assist calls. Chief Maus noted that a meeting will be held on Monday, September 28 at the Stearns County Administration Building to review the Melrose Community LLC storm shelter. There is a possibility that construction could begin yet this fall if not it will be an early spring project. The storm shelter for Melrose Mobile Home Park is still pending approval due to changes in the shelter location. Mr. Dufner was required to acquire additional land to the east; therefore approval is pending the land transaction and recording of the deed at the County. Once this has been completed the project is expected to move forward. Council Member Mayers commented that residents have made mention of the police cars being parked on the bridge without the lights turned on and asked if this was legal. Chief Maus said there is not a state statute or local policy that would prohibit them from doing so. Council Member Klasen said he too has been approached by residents regarding this same matter. Chief Maus stated that he would check with the surrounding communities to see if their policy regulates parking of police vehicles.
b. Planning and Development Director Walz provided an update on the Commission’s September Regular Meeting. The Commission continued its participatory review of the draft Zoning Ordinance update. Retired Planning and Zoning Coordinator Jane Brown has been contracted to assist with the Zoning Ordinance update. Director Walz and Ms. Brown have reviewed 19 of the 21 sections of the code of which 12 of these sections have been reviewed by the Planning and Zoning Commission. Director Walz along with the Planning and Zoning Commission is recommending that the final draft of the code by reviewed by City Attorney Scott Dymoke for statutory compliance prior to its adoption. City Attorney Dymoke has provided a quote in the amount of $2,500 for this service. Mr. Walz is requesting this item be added to the agenda for Council consideration later this evening.
c. City Attorney Scott Dymoke reported on projects he has been working on for the City.
• Utility Disconnection Policy: Reviewed disconnection policy for water service accounts, consumer rights under state statutes, and available remedies once service is disconnected. Prepared and forwarded summary and recommendations to assistant city administrator. Worked with City staff to prepare disconnection notice.
a. Mayor Finken noted that a Public Hearing was held earlier this evening on the vacation of easement relating to water mains, sanitary sewer mains, and storm sewers for the property at 304 1st St. SW. The City of Melrose has a five foot permanent utility easement, dated February 5, 2015 over the Property, which was recorded on June 5, 2015 in the office of the Stearns County Recorder. The property owners are requesting to have this changed to a 5 foot easement for electric services only. The Utilities Commission reviewed this matter at its September 14, 2015 meeting and it is the Commission’s recommendation that the Council grants the vacation of easement relating to the property at 304 1st St. SW on Monday, September 14, 2015, and that the City reserve an electric utility easement upon a petition by the landowners.
Council member Thieschafer introduced Resolution No. 2015-46, A Resolution Vacating a General Utility Easement and Reserving an Electric Utility Easement Upon a Petition by the Landowners. The motion was seconded by Mr. Klasen with a roll call vote recorded as follows: For: Council Members Thieschafer, Klasen, Mayers, Christenson, and Mayor Finken; Against: None.
a. Finance Director Beuning presented the proposed 2016 Budget for the General Fund. State law requires that the City certify the proposed tax levy to the County Auditor by no later than September 30; therefore, it will be necessary to review the budget and take action on adoption of the proposed preliminary budget and the proposed tax levy at this meeting. The final levy adopted in December can be lower than the levy certified in September, but cannot be higher. The Council discussed the proposed budget and levy at a Special Meeting held on Thursday, August 13.
It is proposed that the preliminary property tax levy be certified at $964,000. Also included is a total debt levy of $410,000 for a total proposed tax levy of $1,374,000 and an estimated tax capacity rate of 73.88% which is slightly more than the final levy of 71.535% for 2015 taxes payable. The City must also provide the County Auditor with precise information on:
1) Time and place of a public hearing for the adoption budget and levy will be discussed.
2) The public must have the opportunity to speak and the meeting must not be held before 6:00 p.m.
3) Date, place and time of the public hearing at which the final budget and levy will be determined, with this meeting to be scheduled after November 24 and before December 27.
a) Staff recommends this hearing be scheduled for the December 10 at 6 p.m. at the Melrose City Center.
4) Phone number 320-256-4278 that City taxpayers may call if they have questions related to the auditor’s property tax notice, which is generally delivered in November.
5) Address where comments will be received by mail. 225 1st Street NE, Melrose, MN 56352 Attn.: Finance Director.
The above-noted items are part of the revised Truth in Taxation requirements. The information must be included in the minutes and the City must comply with existing publication requirements for minutes.
The Council to take action on the proposed tax levy, as well as date(s), times, etc., where the budget will be discussed and/or adopted.
The City must certify the proposed 2015 tax levy to the County Auditor and adopt the proposed 2016 Budget on or before September 30.
Mr. Christenson introduced Resolution No. 2015-44, Resolution Adopting Proposed Tax Levy Approving 2015 Tax Levy, Collectible in 2016 and Setting Hearing Dates. (See attached resolution). The motion was seconded by Ms. Mayers with a roll call vote recorded as follows: For: Council Members Christenson, Mayers, Klasen, Thieschafer, and Mayor Finken; Against: None.
A motion was made by Ms. Mayers, seconded by Mr. Klasen and unanimously carried approving the preliminary 2016 Budget.
b. Mayor Finken stated that the Parks & Rec Board at its August 27 meeting reviewed the 5 year Capital Improvement Plan. They have made various requests and amendments to the Plan. They have also requested for the City to budget $10,000 annually for the sidewalk set-aside, and to increase the park improvement budget to $30,000 annually. Council Member Klasen commented that many small communities have Rec Clubs that establish a 501(3c) non-profit. Mr. Klasen believes that by doing so it gives the community and organization by- in and ownership. Ms. Mayers concurred with that thought however she is of the opinion that the Parks and Recreation Board needs to have a larger budget if it is to be a viable organization. She believes this is one of the reasons the Parks and Recreation Board was abolished in 2009 as their budget did not support any improvements to existing parks or undertaking of any new projects.
A motion was made by Mr. Thieschafer, approving the City to budget $10,000 annually for the sidewalk set-aside, and to increase the park improvement budget to $30,000 annually.
The motion was seconded by Ms. Mayers with a roll call vote recorded as follows: For: Council Members Thieschafer, Mayers, Christenson, and Mayor Finken; Against: Council Member Klasen.
c. Mayor Finken reported that the Parks & Recreation Board discussed the status of the splash pad proposals. There were various questions that arose relating to the allowable discharge of water and building requirements. Council/Parks and Recreation Board Member Thieschafer stated that although much progress has been made, such as soil boring, site selection, splash pad design, cost estimates, the Board and subcommittee continue to review and work through the requirements. The Parks & Rec Board request the Council to direct the subcommittee to start their fund-raising requests while they continue to review and work through the requirements.
A motion was made by Ms. Mayers authorizing the sub-committee to move forward and commence fund-raising for the proposed splash pad. The motion was seconded by Mr. Thieschafer with a roll call vote recorded as follows: For: Council Members Mayers, Thieschafer, Christenson, and Mayor Finken; Against: Council Member Klasen.
d. Mayor Finken stated that WSB & Associates has discussed the Lake Survey Report for the proposed Melrose Lake Dredging project to the Parks and Recreation Board and the Melrose Lake Association. The Board is recommending the Council support the proposals for sediment and settling testing of both the east and west basins, at a total cost of $8,500, as well as for WSB & Associates to provide project administrative support at an hourly cost not to exceed $4,800. The Parks and Recreation Board are looking to allocate 50% of the cost from the Parks & Recreation set aside funds, and the other 50% to be allocated from the General Fund. Mr. Klasen noted that it is important the Melrose Lake Improvement Association continue to be involved in this process as they play an important role in this project.
After further discussion a motion was made by Ms. Mayers seconded by Mr. Christenson and unanimously carried authorizing WSB & Associates to provide Project Administrative Support and Sediment and Settlement Testing for both the east and west basin with the costs to be allocated 50% from the Parks and Recreation set-a-side fund and 50% allocated from the General Fund.
e. Mayor Finken stated that several factors were involved that led to the delay in resurfacing of Kraft Drive. The project was scheduled to have a completion date of August 15, 2015. The contract include a liquidated damage clause, however the contractor is requesting the substantial completion date be moved to September 12, 2015, and that the final completion date be moved to September 19 without incurring penalties. City Engineer Mike Nielson is recommending that the Council table action on this item until the October meeting in order to research what difficulty the City, its business owners, or residents may have experienced due to the delay of the project. Also with the delay of the resurfacing of Kraft Drive the Council may wish to consider delaying the micro-sealing until the spring of 2016. With that, Mr. Nielson will also need to contact AAA Striping Service the subcontractor on the Kraft Drive project to confirm that they would hold the price as quoted for street striping.
A motion was made by Mr. Thieschafer, seconded by Mr. Klasen and unanimously carried tabling action on this item
f. Mayor Finken stated that the Council at its April 16, 2015 meeting awarded the micro-sealing of Kraft Drive to Astech. At that time it had been discussed that the micro-sealing should be completed by no later than September 15, 2015 to allow time for the curing prior to freeze up. The micro-sealing would be coordinated with and take place after the partial reconstruction from 2nd to 5th on Kraft Drive. With the delay of the reconstruction portion of the project the micro-sealing has not yet occurred. Staff has contacted Astech and they would be able to complete the project prior to the end of September. Astech has also stated that they would honor the quoted price should the Council wish to delay the project until the spring of 2016. Mike Nielson with WSB & Associates is of the opinion that if the weather holds the micro-sealing could take place within the next few weeks still allowing time for the curing process prior to freeze up. However Mike Nielson stated that after talking with Streets/Parks Supervisor Gary Middendorf it is recommended that the project be delayed until the spring of 2016. Mr. Middendorf stated that he contacted MN DOT and they do not recommend micro-sealing be done after August 31 due to the curing process.
A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried directing staff to delay the micro-sealing of Kraft Drive until spring of 2016. Staff to contact Astech requesting a change order be issued, at the City’s request, delaying the project until the spring of 2016 with pricing to be held as quoted and with a completion date of no later than June 1, 2016. Mike Nielson will work with Central Specialties regarding the striping of Kraft Drive as this work was included with the reconstruction portion of the Kraft Drive project.
a. Planning and Development Director Walz stated that Planning and Zoning Chair Jason Seanger along with the Planning and Zoning Commission believes it is prudent to have the final draft of the updated Zoning Ordinance reviewed for statute compliance prior to its adoption by the City Council. City Attorney Dymoke has submitted a quote in the amount of $2,500 to perform this review.
A motion was made by Mr. Christenson seconded by Mr. Klasen and unanimously carried authorizing City Attorney Dymoke to complete this review.
The following informational items were discussed:
a. The minutes from the Utilities Commission’s August 10 Regular Meeting
b. On August 8, Electrical Supervisor Dale Lyon received his 40-year recognition award of $250 as outlined in City Personnel Policy – Employee Recognition Program. Mr. Lyon is to be commended for his years of service.
c. On August 18, City Clerk Patti Haase received her 10-year recognition award of $25 as outlined in City Personnel Policy – Employee Recognition Program. Ms. Haase is to be commended for her years of service.
d. Correspondence from CentraCare in appreciation for the generous donation towards the new CentraCare hospital.
A motion was made by Ms. Mayers, seconded by Mr. Klasen and unanimously carried that the meeting be adjourned at 7:05 p.m.
Patricia Haase, City Clerk