Melrose City April 17, 2014

Melrose City – April 17, 2014

The Melrose City Council met in a Regular Meeting on Thursday, April 17, 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, Mayor Tim Vogel, City Administrator/Treasurer Michael Brethorst and City Clerk Patti Haase. Council Member Tony Klasen was absent. Mayor Vogel presided thereat. The Council then recited the Pledge of Allegiance.
A motion was made by Ms. Mayers, seconded by Mr. Christenson 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 March 3 Special Joint Meeting with the Public Utilities Commission and the March 20 Regular Meeting.
b. list of bills in the amount of $188,362.96.
c. list of investments for the month of March.
d. Ambulance Department uncollectible accounts in the amount of $6,220.40 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 $4,179.55 collected from account holders during this quarter.
e. Fire Department uncollectible accounts in the amount of $1,175 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 $371.18 collected from account holders during this quarter.
f. Fire Chief Jeremy Kraemer is requesting Council approval to hire Jeffrey Opsal, Kelly Kruchten, and Nathan Hiltner as volunteer firefighters. Chief Kraemer and other officers of the Department have conducted the oral interview and physical agility tests. All of these individuals have completed a successful background and pre-employment physical or are in the process of getting them completed. The hiring of these individuals would bring the Fire Department membership to 29 members; they are able to have up to 30 members. The Council to give consideration approving the hire of Mr. Opsal, Mr. Kruchten, and Mr. Hiltner.
A motion was made by Mr. Christenson, seconded by Mr. Finken and unanimously carried to approve the Consent Agenda items.
Mayor Vogel stated that the Council will hold a hearing regarding the Appeal of a Dangerous Animal. Police Chief Jensen noted that the reason for the dog being deemed as a dangerous dog stems from two unprovoked incidents where the animal attacked another domestic animal and, on one occasion, potentially bit a human when trying to intervene in the altercation between the two animals. Dan Senart, father of Zachary Senart, the dog’s owner, addressed the Council regarding the Melrose Police Department’s deeming of Zach’s dog, Ecko, as a dangerous animal. Mr. Senart noted that by doing so, it ultimately is a death sentence for the dog. As per State Statute, once a dog is deemed dangerous, the owner must maintain public liability insurance, post signs of dangerous animal, muzzle and leash requirements, registration with the County, maintain proper enclosure, and current license and vaccinations. Mr. Senart noted that he has contacted several insurance companies and has been unable to find one who offers the insurance coverage that is required. According to Mr. Senart, prior to the two reported incidents, the dog has never demonstrated aggressive behavior. The dog has been around children and has never shown any signs of aggression. He noted that the two incidents occurred while the dog was boarded by Sean Fredell. Mr. Senart stated that they have been in contact with the individuals who were involved in the incidents and have come to a settlement regarding vet and medical bills with both parties. Mr. Senart is requesting the Council give Ecko a second chance. The owner is willing to have the dog neutered, chipped and sent to dog behavior (aggression class); however, the doctor is booked until June. Mr. Senart noted that they are not asking for a free ride; however, they are requesting the Council consider modifying the order from deeming Ecko as a dangerous dog to a potentially dangerous dog. In by doing so, this will allow the dog from being euthanized as the owner cannot afford the expense that would be associated with meeting all of the criteria of a dangerous dog. The public hearing was closed at 6:36 p.m.
Planning and Development Director Walz reported on the Planning and Zoning Commission’s April 10 Regular Meeting. The Commission held a public hearing on the application for a Conditional Use Permit received in behalf of Verizon Wireless to allow the use of a portion of the City-owned north water tower site for the placement of equipment and generator structure. The Council will be addressing this later in the meeting. The Commission also discussed the reader board sign inquiry from St. Mary’s and an anticipated planning request from the Utilities Commission and Charter Communications’ proposed generator installation.
Police Chief John Jensen presented the Police Department’s March report. He noted that a total of 12 citations were issued in the month of March. There were 37 verbal warnings. Chief Jensen stated there were 196 calls for service during this month compared to 201 for March of 2013. The year-to-date number of calls is 504 compared to 576 in 2013. For the month of March 2014, the Department received 34 agency assist calls.
During the period from March 13 through April 10, the City Attorney has given significant attention to the following for the City:
• Draft Ordinance Amending Melrose City Code Chapter 32, Section 32.01 Parks and Recreation Board
• Draft Ordinance Repealing Melrose City Code Chapter 32, Section 32.04 Public Safety Commission
Mike Nielson with WSB provided an update on the 5th Avenue NE/CSAH 13 Bridge. Mr. Nielson presented various bridge designs from other communities.
The style of façade, lighting and railings will need to be selected over the next month or two. Mr. Nielson noted that the bridge reconstruction schedule is still undetermined at this time depending on the state legislature acting on the bonding bill.
Earlier this evening, an appeals hearing was held regarding the Police Department deeming of a dangerous dog. The owner’s father appeared before the Council requesting the Council give consideration to modifying the order to a potentially dangerous dog and, in six months, re-evaluate to rescind the order.
A motion was made by Mr. Finken to uphold the order by the Police Department deeming the dog as dangerous. There was not a second; therefore, the motion failed.
A motion was then made by Ms. Mayers to modify the order by the Police Department’s designation of dangerous dog to a potentially dangerous dog. The motion was seconded by Mr. Christenson with a roll call vote recorded as follows: For: Council Member Mayers, Christenson, and Mayor Vogel; Against: Council Member Finken; Absent: Council Member Klasen.
Mayor Vogel stated that at its meeting on April 10, the Planning and Zoning Commission continued the public hearing recessed from its March 13 meeting to consider the application of Verizon Wireless for a Conditional Use Permit in accordance with Section 212.04 Uses by Conditional Use Permit in an R-2, Moderate Density Residential District of City of Melrose Zoning Ordinance No. 1989-1-A, as Amended, and Adopted by Reference as Chapter 153 of the City of Melrose Code of Ordinances. The public hearing had been recessed at the request of Verizon Wireless.
The purpose of the application for the Conditional Use Permit is to allow the use by Verizon Wireless of a portion of the City-owned north water tower site located at 11 5th Avenue NW in an R-2, Moderate Density Residential District for the placement of an equipment and generator structure, containing approximately 360 sf and to be constructed according to project-specific guidelines of the City, associated with the utilization of panel antennas to be placed by Verizon Wireless on the top of the water tower. When completed, this project, consisting of the installation of antennas and the equipment and generator structure, will enable Verizon Wireless to improve its communication service to the Melrose area. The City and Verizon Wireless are currently negotiating the terms of the lease agreement for a portion of the proposed site. Section 212.04 Uses by Conditional Use Permit of Zoning Ordinance No. 1989-1-A allows “Essential public utility service structures not exempted by Subsection 106” to be located in an R-2, Moderate Density Residential District. While not defined by Zoning Ordinance No. 1989-1-A, essential public utility services go beyond those provided by a public municipality and include those available to the general public such as electricity, natural gas, telephone, communications and television.
The revised Planning Report for this Conditional Use Permit application contains additional information regarding this request.
Following its review of the revised Planning Report, the related information and documents associated with the application for issuance of the Conditional Use Permit, and considering that no public input was presented at the public hearing nor received in writing prior to it, the Commission reviewed the application with the standards for granting a conditional use permit and determined that the requested use complied with those standards subject to the following conditions:
• Verizon Wireless must enter into a lease agreement with the City for the use of a portion of the City-owned north water tower site located at 11 5th Street NW.
• Verizon Wireless must present to the City a revised and signed finalized set of plans, specifications and drawings containing the changes and modifications required by the City including a revised site survey and/or site plan with the proposed structure to be relocated to meet required site setbacks.
• The revised and signed finalized set of plans, specifications and drawings with the City-required modifications and changes must be presented to the City before an application for a building permit will be accepted.
• The structure must comply with the building code adopted by the City and all City ordinances and regulations.
• The generator, when operating in test mode, must operate during normal business hours, Monday through Friday.
• This Conditional Use Permit will terminate simultaneously at such time as any lease between the City and Verizon Wireless is terminated.
• Once installed and constructed, any expansions, alterations or modifications by Verizon Wireless to the equipment and generator structure or to the site of the leased property at 11 5th Street NW will require City approval.
• This Conditional Use Permit must be utilized one year from this date or it shall terminate.
• The Conditional Use Permit will not be executed by the City or recorded in the Office of the Recorder for Stearns County until such time as all of these conditions are fulfilled to the City’s satisfaction.
It then adopted Resolution No. P&Z 2014-001 recommending to the Council that it give consideration to concurring with its recommendation by approving the Conditional Use Permit application received from Verizon Wireless to allow the use of a portion of the City-owned north water tower site located at 11 5th Avenue NW in an R-2, Moderate Density Residential District for the placement of an equipment and generator structure, containing approximately 360 sf and to be constructed according to project-specific guidelines of the City, associated with the utilization of panel antennas to be placed by Verizon Wireless on the top of the water tower.
Council Member Finken introduced Resolution No. 2014-14, Resolution Concurring With The Recommendation Of The Planning And Zoning Commission Approving Case No. 14-400 Application From / In Behalf Of Verizon Wireless For Approval Of A Conditional Use Permit Under Section 212.04 R-2, Moderate Density Residential – Uses By Conditional Use Permit Of City Of Melrose Zoning Ordinance No. 1989-1-A, As Amended, And Adopted By Reference As Chapter 153 Of The City Of Melrose Code Of Ordinances For Placement On Leased Property Owned By The City Of Melrose Of An Equipment Structure With An Internal Standby Generator Associated With The Utilization Of Panel Antennas To Be Placed On Top Of The City’s “North Water Tower” To Improve The Communication Service Of Verizon Wireless To The Melrose Area. The motion was seconded by Ms. Mayers with a roll call vote recorded as follows: For: Council Members Finken, Mayers, Christenson and Mayor Vogel; Absent: Council Member Klasen. A copy of the resolution is on file in the City Administration Office.
Bids for the 2014 Sealcoat Project were opened on Tuesday, April 8 at 3:00 p.m. Said proposals for the furnishing of all labor and materials for construction of the following approximate quantities:15,750 gallon bituminous material for sealcoat (CRS-2P), 630 ton sealcoat aggregate (FA-2), 135 Lin ft 12” solid white – epoxy, 4,464 Lin ft 4” solid line white – epoxy, 446 Lin ft 4” broken line yellow – epoxy, and 612 sq ft crosswalk markings – epoxy. Two bids were received. WSB is recommending the bid be awarded to the low bidder, Caldwell Asphalt Co., Inc., in the amount of $84,010.60.
A motion was made by Ms. Mayers, seconded by Mr. Finken and unanimously carried awarding the 2014 Sealcoat bid to Caldwell Asphalt Co., Inc. in the amount of $84,010.60.
Mayor Vogel noted that the City and Stearns County are both contracted with WSB for the engineering and design work for the 1st St NE and 5th Ave NE Bridge projects. In an effort to consolidate engineers and limit the need for cross contracted agreement, it is recommended that the Utilities utilize WSB for their services for this project.
A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried to assign WSB to provide engineering services for these two projects and approving the Professional Service Engineering proposal for the 1st St NE project.
Mayor Vogel stated that the City’s contract for insurance agent services with Mary Louden-Horn of Kraker Insurance Agency (KIA) expires May 2014. The City’s insurance through the LMCIT requires that the City have a servicing agent. KIA has submitted a proposal for the period of May 2014 through May 2017 in the amount of $ 2,500 per year.
A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried concurring with the Utilities Commission appointing KIA as the serving agent for the years of 2014 through 2017.
Mayor Vogel reported that under State law, the City is required to designate where we invest funds. The Council to give consideration to designating Oppenheimer & Co. Inc. as an official depository.
A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried adopting Resolution No. 2014-13, Resolution Designating Official Depository and Supplemental Depositories for the General Fund. A copy of the resolution is on file in the City Administration Office.
Mayor Vogel noted that the City’s five-year lease for the postage meter and folder/inserter will be expiring in May. After review of the existing buyout clause and future maintenance, it was determined that a new five-year lease would be preferred. Both systems proposed to be leased are the updated versions of the current systems. The new folder/inserter will have a stacking tray versus a drop box. The new postage meter has a new display but the same basic features. The new lease, under the state contract pricing, is $497.71. A downgraded folder/inserter is not recommended as it would require bills to be hand-stuffed if there were two larger inserts, which is done periodically. This is an increase of approximately $60 per month from the current leased contract.
A motion was made by Ms. Mayers, seconded by Mr. Christenson and unanimously carried concurring with the Utilities Commission to enter a five-year lease agreement with Neopost Great Plains for the Hasler postage meter and folder/inserter.
Mayor Vogel reported that the City has been approached by a local student who is currently enrolled at the University of North Dakota (UND) working towards her Degree in Accounting for a summer internship. She would fulfill duties for a formal internship with UND. Depending on formal review of her request, it is recommended to proceed with this. With the transition of Accounting Department staff and a temporary shortfall in staffing, there is a need to coordinate additional support. The position would be a shared position with the Utilities Commission and funded approximately: Electric – 50%, General – 30%, Water – 10%, Wastewater – 10%. The funding to pay for this will be paid from the cash saving of the Accounting Clerk and a savings within the benefits budget.
A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried to allow for an Accounting / General Administration internship for up to 120 days at a rate of pay of $12.00 an hour and authorized City Administrator to approve application and hire intern.
City Administration Brethorst, HR Coordinator Diane Gruber and Police Chief John Jensen and Sergeant Craig Maus have done an internal review of the Police Officer position being vacated by Shawn Swanson and are recommending that this position be filled with a one-for-one replacement. Office Swanson’s last day of employment was April 11, 2014.
A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried stating the position is vacant and allowing for a back fill to be appointed.
Mayor Vogel noted that based on the outcome of the Parks and Recreation Board discussion that took place at its April 14 Special Joint Meeting, staff has prepared Ordinance No. 4-17-2014-1, An Ordinance Amending Melrose City Code Chapter 32, Section 32.01, Parks and Recreation Board.
Ms. Mayers introduced Ordinance No. 4-17-2014-1, An Ordinance Amending Melrose City Code Chapter 32, Section 32.01, Parks and Recreation Board. The motion was seconded by Mr. Finken with a roll call vote recorded as follows:
FOR: Council Members Christenson, Finken, and Mayor Vogel
AGAINST: None
ABSENT: Council Member Klasen
Mayor Vogel appointed Council Member Joe Finken as the Council Representative to the Parks and Recreation Board. The Council concurred with the appointment.
The Council next gave consideration to Ordinance No. 4-17-2014-2, An Ordinance Repealing Melrose City Code Chapter 32, Section 32.04, Public Safety Commission.
Mr. Christenson introduced Ordinance No. 4-17-2014-2, An Ordinance Repealing Melrose City Code Chapter 32, Section 32.04, Public Safety Commission. The motion was seconded by Ms. Mayers with a roll call vote recorded as follows: For: Council Members Christenson, Mayers, Finken and Mayor Vogel; Against: None; Absent: Council Member Klasen.
Mayor Vogel reported SEH has identified a possible funding source for future and current capital needs relating to mitigation. A letter of interest was recently filed with FEMA to help offset the costs of the wastewater levee; however, a full application was not accepted as the DNR is already providing some funding. The City Administrator has submitted inquiries to see if the mitigation grant could offset the costs of the chlorine building and possibly the additional standby generator or pumps.
Mayor Vogel reported that the Council, at its March 20 meeting, concurred with the Utilities Commission authorizing staff to solicit bids for the demolition of the house located on the property at 108 1st Street NW. One bid was received from Mayers Excavating in the amount of $11,895.
A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried concurring with the Commission to award the bid and entering into an agreement with Mayers Excavating in the amount of $11,895 for demolition of the property located at 108 1st Street NW.
Interviews were conducted on April 14 and 15 by Chief John Jensen, Sergeant Craig Maus, Albany Chief Osvaldo Carbajal, City Administrator Mike Brethorst and HR Coordinator Diane Gruber on 14 of the 71 candidates for the two Police Officer positions.
They are recommending that John Hiltunen and Matthew McDonald be appointed to the two vacant positions contingent on successful psychological, background, and pre-employment physicals and drug tests.
It is recommended that Mr. McDonald’s rate of pay be at start on the pay scale which is $20.05 per hour and that Mr. Hiltunen’s rate of pay be at Step 3 which is $23.06 per hour due to his level and amount of experience.
A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried approving the hire of Mr. Hiltunen and Mr. McDonald as Police Officers contingent on meeting all necessary requirements and setting the wages as recommended.
Administrator Brethorst noted that the Council and Commission, at its April 14 Special Joint Meeting, approved the full-time Maintenance Worker position that will float between Streets/Parks and Water/Wastewater and authorized staff to post internally for the position. Administrator Brethorst met with Maintenance Worker Ron Tieman regarding the offer from part-time Streets/Parks position a full-time Maintenance Worker with a rate pay of Step 5 on the pay scale. Mr. Tieman has counter-offered noting that he has been performing a majority of the assigned duties over the past several years as a part-time employee and is asking consideration be made that his pay rate be Step 7 on the pay scale.
A motion was made by Mr. Christenson, approving the offer to Mr. Tieman from part-time Streets/Parks position to a full-time Maintenance Worker with a rate pay of Step 7 on the pay scale. The motion was seconded by Mr. Finken with a roll call vote recorded as follows: For: Council Member Christenson, Finken, and Mayers; Absent: Council Member Klasen; Abstain: Mayor Vogel due to a conflict of interest.
Mayor Vogel reported that animal licenses will be issued from May 1-31 at the Melrose City Center for residents who own a dog or cat. The Melrose City Code requires the following: All dogs and cats six months and older, kept or harbored in the City, must be licensed with a City of Melrose license. A maximum of three domestic animals is allowed on the same premise.
• A valid rabies vaccination certificate indicating the animal has been vaccinated within three years must be presented before a license can be issued. The earliest age to vaccinate for rabies is three months old.
• The license fee for all dogs and cats is $15 if spayed or neutered or $20 if not spayed or neutered.
• The dog or cat owner is subject to a penalty of $5 for late registration and costs incurred for impounding the animal. These fees are in addition to the license fee.
• Pet owners are required to clean up animal waste.
• Animals are prohibited from running at large.
The following informational items were discussed:
a. The following is a list of upcoming schools and conferences: 1) LMC 2014 Annual Conference: June 18-20 at the River’s Edge Convention Center in St. Cloud. Please advise staff if you plan to attend.
b. The City is in need of repairing and or replacing the back flow preventers. Under State law, they need to be replaced or repaired every five years. Two quotes were received: one from Finken Waters and one from Simplex Grinnell. The low quote for the services was received from Finken Waters in the amount $2,517.61 and is based on 14 hours. A cost of $75 per hour will be charged for all work over and above the 14 hours. Based on a low bid, the City awarded the work to Finkens Water. This work will update seven back flow preventers within the water system operated by the City.
c. Utilities Commission’s March 3 Regular Meeting minutes.
d. 2014 Tax Capacity Rates for Stearns County.
e. On March 14, the City received notice that Charter Communications will be realigning it Public Access Channels. This will allow the channels to become searchable on the Program Guide. The City has not signed the consent form as requested by Charter as we no longer operate a PEG channel. This consent is non-applicable. This will go into effect August 2014.
f. On March 14, the City received notice that effective August 1, 2014, Charter Communications will eliminate their analog cable signal and convert 100% to a digital signal. An e-mail response was sent to Charter asking them to reconsider this change in their business model. In accordance to the Franchise Agreement, the City is unable to affect this change.
g. The City has contracted with WSB for drafting of a Trails Grant. The Grant was submitted and confirmation of its receipt. The City should expect a resolution by July. No action is needed until a response is needed. Staff will review the various issues related to the trail and make contacts with the possible abutting residents whom may be affected.
h. Thank you note received from resident to the Water/ Wastewater Department.
i. Announcement from Stearns County Auditor-Treasurer designating the Melrose City Center as an absentee ballot polling location.
j. The Building Permit Summary Log for First Quarter 2014. The total number/value of building permits issued in the first quarter for the past five years were:
2014 2013 2012 2011 2010
12 7 23 17 7
$297,027 $48,878 $215,560 $138,527 $86,100
k. Planning and Zoning Commission’s March 13 Regular Meeting minutes.
l. MADA/COC’s March 18 Regular Meeting minutes.
m. Shannon Budeau has requested a one year leave of absence from the Ambulance Department effective March 1, 2014 for personal reasons.
n. Emergency Medical Services Week is May 18-24, 2014. This year’s theme is “EMS: Dedicated for Life”.
A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried that the meeting be adjourned at 7:50 p.m.
Patricia Haase, City Clerk