The Melrose City Council met in a Regular Meeting on Thursday, June 17, 2021, at 6:00 p.m. pursuant to due notice being given thereof. Present were Council Members Tony Klasen, Justin Frieler, Travis Frieler, and Mayor Joe Finken, City Administrator Colleen Winter, and City Clerk Patti Haase. Council Member Mark Hill was absent. Mayor Finken presided thereat. The Council then recited the Pledge of Allegiance.
A motion was made by Mr. Travis Frieler, seconded by Mr. Justin Frieler 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
a. The minutes from the Council’s May 20 Regular Meeting
b. List of bills in the amount of $380,071.59
c. List of investments for the month of May
d. Worms Lumber and Ready Mix 101 Year Anniversary
e. Unique Boutique 46th Year Anniversary
A motion was made by Mr. Travis Frieler, seconded by Mr. Justin Frieler and unanimously carried to approve the Consent Agenda items.
Sergeant Pat Nechanicky presented the Police Department’s May report. He noted there were 378 calls for service during that month, compared to 354 for May 2020. A total of 39 citations were written for the month of May. There were 84 verbal warnings and 0 written warning. The year-to-date number of calls is 1647 compared to 1,476 in 2020. For the month of May 2021, the Department received 28 agency assist calls. Sergeant Nechanicky stated that the Melrose Police Department has been working on noise issues. The reports have been submitted to administration.
City Attorney Scott Dymoke reported on projects he has been working on for the city.
• Bonner Nuisance – Attended remote hearing on question of applicable building code provisions. Provided court with copies of applicable sections of state building code.
• JTEK Variance – Prepared recordable version of variance granted to JTEK property
• Release of Right of First Refusal
Introduction of new city engineer Nick Guilliams. Mr. Guilliams of WSB provided an update on the following
WSB Project No. R-017073 2021 Chip Seal Project: Contracts have been signed by the City and will be forwarded to the contractor. Contractor is planning to start construction on August 4th. A preconstruction meeting will be held in July.
WSB Project No. R-017370-000 -2021 Street Improvements: A construction contract was awarded by the council. Contracts have been executed by the contractor and the City. Construction is anticipated to begin in early July. A preconstruction meeting will be held on June 23rd. WSB is currently working with Centerpoint Energy regarding shallow gas mains that may need to be relocated prior to construction.
WSB Project No. R-014036-000 – CR 65 Drainage Improvements: Construction is complete. Final payment is on the June 17th City Council agenda.
WSB Project No. R-015456-000 2020 Street Improvements (including 5th Street N, 4th St. N & 3rd Ave N): WSB to schedule a final walk-through with Gary and send a final punch list to the contractor. Punchlist work will be scheduled for late June/early July.
2nd Street S and 3rd Ave SE Flooding Issue -5th Avenue Storm Sewer System: The preliminary plan has been completed and have been reviewed with staff. WSB to discuss the plan moving forward with City staff.
WSB Project No. R-015500-000 Melrose Road, Dam, and Bridge:
Roadway: • Ongoing coordination with the City and private utilities on the watermain and utility crossings and the required easements to encompass those facilities. They will fall within City and County RW, however, RW and a permanent easement will likely need to be dedicated for roadway and utility purposes. City is working directly with CenterPoint Energy on the required easement.
• 60% roadway plans – City and County comments have been received. 60% plan continues progressing towards the 90% stage. Ongoing discussion regarding the location of the pedestrian crossing across CSAH 13. Locations being evaluated are 1st Street, the north end of the bridge, and the south side of the intersection of the park entrance.
• Open house to be held on June 17, 2021
Structures: • Bridge preliminary plans submitted on 3/22/2021. Working on addressing MnDOT comments and progressing final design. Pier footing designs in particular will need coordination with MnDOT.
• Draft Dam edits to Operations and Maintenance (O&M) Plan are being worked on. The O&M Plan and draft repair plans are expected to be submitted June 17 for review.
Permitting: • DNR Public Waters Work permit and USACE permit applications were submitted on May 24. DNR permit invoice was paid by WSB on June 2nd. DNR 60-day review period started on June 2nd.
• CLOMR application in process. We expect to submit to FEMA by EOD June 11th.
• City must send notification letter to impacted property owners.
Grant: • Submitted the LCCMR Grant application on 4/2/2021.
• No Lessard Sams grant application will be submitted per City input.
City Administrator Winter provided an update on the following:
OPEN HOUSE– RDB PROJECT, 4:30-6:00 pm. WSB will be available to answer the public’s questions re: the RDB project. Stearns Co. will also be present along with possibly representatives from the DNR. WSB will give a short presentation at 4:45 pm and also at 5:45 pm. Invites were sent out to the residents along the river, as well as Open house signs are posted in the city at the Fire Hall, City Center and at the corner by Finken’s.
WWTF– Our electric department. finished up their work at the WWTF and Magney has started to bring equipment to the site.
North Water tower– Work continues the north water tower.
Legislative Update– City Administrator Winter received an update from Rep Anderson that the fire remediation grant funds and sales tax exemption are currently included in the ombudsman bill. No word yet on the bonding dollars.
MADA– City Administrator Winter presented the report submitted by Traci Ryan with Ryan Consulting LLC. Housing continues to be the #1 priority. Several MADA members along with Council member Hill toured a newly opened tax credit project in Waite Park MN that was developed by Sand Companies. This project would be similar to workforce housing that is needed in Melrose
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, 2021-May 15, 2022. The total quote is $98,823 from $90,049 for the 2020-2021 coverage. The cost for the premium is shared between the General at 39% and Utility Funds at 61%. 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 $10,293), 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. In the past, the city has chosen Option 2.
The Commission at its June 14, 2021, meeting approved the insurance quote of $98,823 to waive the monetary limits on municipal tort liability, to keep the deductible at $5,000/$15,000, and not purchase excess liability coverage.A motion was made by Mr. Klasen, seconded by Mr. Justin Frieler and unanimously carried concurring with the Public Utilities Commission approving the insurance quote of $98,823 to waive the monetary limits on municipal tort liability, to keep the deductible at $5,000/$15,000, and not purchase excess liability coverage.
The Council next gave consideration for the city to adopt the Bureau of Criminal Apprehension’s (BCA) new master Joint Powers Agreement (JPA). By law, (Minn. Stat. § 471.59, Subd.1) the JPA must be approved by the city council. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. A motion was made by Mr. Travis Frieler seconded by Mr. Justin Frieler and unanimously carried to adopt Resolution No. 2021-22, Resolution Approving the State of Minnesota Joint Powers Agreements with the City of Melrose on Behalf of its City Attorney and Police Department and entering into the State of Minnesota Joint Powers Agreement Criminal Justice Agency.
Mayor Finken noted that the ARPA funding will be available however the City will need to apply for the funds. Staff has not been provided with the amount of funding the city will be receiving however the council must authorize the requesting of the funding. A motion was made by Mr. Klasen, seconded by Mr. Justin Frieler and unanimously carried to adopt Resolution No. 2021-23 to Apply for the Coronavirus Local Fiscal Recovery Fund Established under the American Rescue Plan Act.
Mayor Finken stated that Ambulance Coordinator Jenn Tschida is requesting that the Ambulance Department Policy be updated to change the eligible age of a department member from 18 years of age to 16 years of age. Members under 18 years of age are not allowed to drive the ambulance vehicle. A motion was made by Mr. Justin Frieler, seconded by Mr. Klasen and unanimously carried approving the revisions to the Ambulance Department policy as presented.
Mayor Finken noted that on June 5th, interviews were held for the Ambulance Training Officer and Ambulance Secretary. Ambulance Coordinator Tschida, Ambulance Assistant Coordinator Ulbricht, City Administrator Winter and Ad Hoc Representative Bunker Hill were involved with the interviews. The Ambulance Department received two applicants for the Training Officer position and one applicant for the Ambulance Secretary position. The interview panel is recommending EMT Santina Lovelace for the Training Officer role, effective 7/1/2021, and Tessa Goihl for the Ambulance Secretary role, effective 7/1/2021. The Training Officer would be for a period of 4 years, and the Ambulance Secretary would be a two-year position. A motion was made by Mr. Travis Frieler, seconded by Mr. Justin Frieler and unanimously carried approving the appointment of Santina Lovelace as the Training Officer. A motion was then made by Mr. Justin Frieler, seconded by Mr. Klasen and unanimously carried approving the appointment of Tessa Goihl as the Ambulance Department Secretary.
Mayor Finken stated that the City of Melrose, as of June 30, 2005, has entered into a First Right of Refusal for real property located: Lot Five (5), Block 1, Melrose Industrial Park Plat Three. Within the agreement, it states that if the property owner receives an acceptable bona fide offer to purchase the property, they shall give the City notice. The City shall respond within 20 days after receipt. A final purchase agreement has yet to be signed; however, the purchaser and seller have requested that the City waive its First Right of Refusal to the property and waive its 20-day notice and its survival rights. Both parties would like to close shortly and have asked that the City release its rights to allow for a timely closing. A motion was made by Mr. Klasen, seconded by Mr. Justin Frieler and unanimously carried authorizing the City of Melrose to release all rights as outlined in the Rights of First Refusal.
The following informational items were then reviewed:
a. Utilities Commission’s May 10 Regular Meeting minutes
b. The League of MN Cities Insurance Trust came to Melrose in October 2020 for an insurance appraisal.
A motion was made by Mr. Justin Frieler, seconded by Mr. Klasen and unanimously carried to adjourn the meeting at 6:30 p.m.
Patricia Haase, City Clerk
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