The Melrose City Council met in a Regular Meeting on Thursday, November 20, 2014 at 6:10 p.m. at the Melrose City Center pursuant to due notice being given thereof. Present were Council Members Jenny Mayers, Joe Finken, Tony Klasen, Dick Christenson, Mayor Tim Vogel, City Administrator/Treasurer Michael Brethorst and City Clerk Patti Haase. Mayor Vogel presided thereat. Also in attendance were several American Government students from the Melrose Area Public High School. The Council then recited the Pledge of Allegiance.
A motion was made by Mr. Finken, seconded by Mr. Klasen and unanimously carried to approve the agenda as submitted.
Mayor Vogel 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 October 2 Special Joint Meeting with the Utilities Commission, the October 16 Special Meeting, and the October 16 Regular Meeting.
b. list of bills in the amount of $198,190.90. The list of bills includes the membership dues for the League of Minnesota (LMC) in the amount of $3,643 plus an additional $30 for Minnesota Mayors Membership Association dues. The LMC provides consulting, professionals training and insurance service to the City of Melrose and the Melrose Public Utilities Commission. This is an increase of $110, or 3.1%, from the previous year. The cost share is 75% General Fund / 25% Utilities Fund.
c. list of investments for the month of October.
d. Ambulance Department uncollectible accounts in the amount of $4,118.76 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 $2,280.72 collected from account holders during this quarter.
e. Resolution No. 2014-40, Resolution Approving Gambling License to Midwest Outdoors Unlimited Wobegon Partners for an exemption from lawful gambling license to hold a raffle and to sell pulltabs on January 17, 2015 at the Melrose Legion Club, 265 County Road 173 SE.
A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried to approve the Consent Agenda.
The Council opened the Public Hearing at 6:15 p.m. The Public Hearing is regarding the requested vacation of that part of the dedicated, but undeveloped, road right-of-way of 6th Avenue SW located between 1st Street SW and 2nd Street SW and among Parcel 66.36862.0000 on the northeast owned by John and Linda Klein, Parcel 66.36861.0000 on the southeast owned by the City of Melrose, and Parcel 66.36856.0000 on the west owned by Herbert and Rosalie Welle for the purpose of taking public input regarding the proposed road right-of-way vacation and giving consideration to granting or denying approval of the proposed vacation.
City Administrator Brethorst presented the Affidavit of Publication of the Hearing Notice which was published.
Director Walz noted that the size of the undeveloped, but platted, road right-of-way of 6th Avenue SW, which is requested to be vacated, is 60 feet wide by 329.5 feet long. Currently, it is overgrown with trees and brush. In addition, the National Wetlands Inventory indicates there is wetland in the northwest portion. The developed portions of the road rights-of-way for both 1st Street SW and 2nd Street SW terminate in the general area of that part of 6th Avenue SW which is requested to be vacated. Public travel beyond those terminations at the 6th Avenue SW road right-of-way is not currently possible nor is it anticipated to be possible or necessary due to soil conditions in the area.
The main impetus for the vacation request initiated by the City in behalf of the Melrose Public Utilities Commission is to accommodate and facilitate the placement on the City-owned site of the proposed new 30 MVA high voltage electrical substation facility which will replace the deteriorating “West Substation” currently located at 15 1st Avenue NW and provide adequate future expansion space if and when it should become necessary. At its meeting on November 13, the Planning and Zoning Commission held public hearings and took action recommending Council approval of Rezoning, Variance and Conditional Use Permit requests necessary for the placement of the new 30 MVA substation facility at this location.
Mayor Vogel asked if anyone present had any additional comments or concerns. There being none, the public hearing was closed at 6:16 p.m.
Planning and Development Director Walz reported on the Planning and Zoning Commission’s November 13 Regular Meeting. The Commission held Public Hearing on Case No. 2014-300: Rezoning of Parcel 66.36861.0000 and the Abutting East 30 Feet of the Undeveloped Portion of the Road Right-of-Way of 6th Avenue SW Located Between 1st Street SW and 2nd Street SW; Case No. 2014-100: Variance for Rear Yard and Side Yard Setback Encroachments to Accommodate the Placement of a 30 MVA High Voltage Electrical Substation Facility on Parcel 66.36861.0000 and the Abutting East 30 Feet of the Undeveloped Portion of the Road Right-of-Way of 6th Avenue SW Located Between 1st Street SW and 2nd Street SW; Case No. 2014-401: Conditional Use Permit for Parcel 66.36861.0000 and the Abutting East 30 Feet of the Undeveloped Portion of the Road Right-of-Way of 6th Avenue SW Located Between 1st Street SW and 2nd Street SW to Allow the Placement of a 30 MVA High Voltage Electrical Substation Facility all of which pertain to the location of the new West Substation. The Commission also addressed various zoning ordinance issues and reviewed the part of the City’s proposed Five Year Capital Improvement Plan for compliance with the City’s Comprehensive Plan. This review/determination for compliance and the accompanying follow-up written report to the Council is required by Minnesota Statutes, Section 462.356, Subd 2.
Finance Director Beuning presented the General Fund Financial Third Quarter Report. She noted that overall revenue and expenditure were at 62% of total budget. The expenditures in the general fund are all on track.
Police Chief Maus presented the Police Department’s October monthly report. He noted that a total of 13 citations were issued in the month of October. There were 135 verbal warnings and two written warning. Chief Maus noted there were 277 calls for service during this month, compared to 253 for October of 2013. The year-to-date number of calls is 2343 compared to 2238 in 2013. For the month of October 2014, the Department received 23 agency assist calls. Winter parking has gone into effect November 1 through April 1. Parking is prohibited in the Downtown Business District from 3:00 a.m. to 6:00 a.m. daily. The Police Department continues to investigate the missing person case. Anyone with information or knows the whereabouts of Mr. Juarez should contact the Melrose Police Department.
Police Chief Maus reported that the Melrose mobile home parks project is still in the design phase. After final sign offs by the State and FEMA have been secured, the County will go out for bids on the construction phase of the project. The County expects that bids will be sought over winter with construction following in the spring of 2015.
The County is committed to moving both projects forward to completion during 2015. As this moves forward, the County will keep the City up to date on all communications from the State or federal government and will alert the City to any changes in project scope or status.
City Attorney Scott Dymoke reported on the projects he has been working on for the City:
• Ramirez Annexation: Prepared and filed annexation documentation with Minnesota Municipal Boundaries office. Worked with Municipal Boundaries Office and City Administrator to develop a property tax reimbursement schedule with Melrose Township
• Meadowlark Trail Easement: Reviewed survey of proposed easement and prepared draft of an easement agreement for presentation to the property owner.
Planning and Development Director Walz reported on the upcoming Chamber of Commerce events as Ms. Dziengel was unable to attend due to a prior commitment. Mr. Walz noted that the Holiday Kick-Off will be on Friday, November 28. Along with the businesses having free samples and doing activities for most of the day, there is a bingo card that is new this year. Residents need to visit the various businesses in order to get the bingo card signed five times in a row or diagonally. The parade will start at 7:30 p.m. Currently, there are 16 entries. If interested in participating in the parade, contact Chamber Director Kathie Dziengel.
Mayor Vogel presented the Abdo, Eick and Meyers Engagement Letter for Auditing Services. Abdo, Eick and Meyers will audit the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City as of and for the year ended December 31, 2014.
A motion was made by Mr. Christenson, seconded by Ms. Mayers and unanimously carried concurring with the Utilities Commission approving the Letter of Engagement for Abdo, Eick & Meyers to perform the fiscal year 2014 annual audit.
The Council then gave consideration on the request of the City of Melrose, John and Linda Klein, and Herbert and Rosalie Welle for the vacation of that part of the undeveloped road right-of-way of 6th Avenue SW located between 1st Street SW and 2nd Street SW and among Parcel 66.36862.0000 on the northeast, Parcel 66.36861.0000 on the southeast and Parcel 66.36856.0000 on the west. Whether taking action to approve or deny the request, the Council should cite the basis for its decision in the form of a Findings of Fact statement or a resolution. If the Council decides to approve the request, it must determine that the municipal property proposed to be vacated does not and will not serve any present or future public purpose. The draft Resolution No. 2014-41 for Council consideration can be modified to reflect the Council’s decision.
Ms. Mayers introduced Resolution No. 2014-41, A Resolution Vacating that Part of Undeveloped Road Right-of-Way of 6th Avenue SW Located Between 1st Street SW and 2nd Street SW and Among Parcel 66.36862.0000 on the Northeast Owned by John and Linda Klein, Parcel 66.36861.0000 on the Southeast Owned by the City of Melrose and Parcel 66.36856.0000 on the West Owned by Herbert and Rosalie Welle to Accommodate and Facilitate Potential Future Expansion by the City of Melrose of the New 30 MVA High Voltage Electrical Substation Facility Currently Under Development on Parcel 66.36861.0000.
The motion was seconded by Mr. Klasen with a roll call vote recorded as follows: For: Council Members Mayers, Klasen, Finken, Christenson, and Mayor Vogel; Against: None.
The Melrose Memorial Fountain was lost / destroyed during a significant rain event during June’s rain storms. A claim has been submitted to the League of Minnesota Cities (LMC) for the loss of the fountain. At the time of publication of the agenda, a determination has not been made yet; however, preliminary reports show that the LMC has stated that they will take the claim. The City has a $5,000 deductible and the original cost for the fountain was $6,500. It is estimated that City will receive approximately $800 after all costs are incurred. A quote was received from Atlantic Fountains for a replacement of the fountain. There are two options for the fountain: 1) One-for-one replacement of the current fountain; or 2) Upgraded 5 HP from 3 HP motor and DMX light controller.
Mr. Christenson noted that he liked the fountain and would support replacing the fountain. Mr. Finken stated the he had spoken to VFW President Jim Athmann and Mr. Athmann was open to replacement of the fountain or open other options that the Council may come up with. It was suggested that perhaps the fountain be located off the west freeway exit. Ms. Mayers was also in support of the fountain either at its past location or at a new location. Mr. Klasen was in support of replacing the fountain, however, not in its past location. Mr. Klasen has reservations about placing the fountain in the lake/river. He believes that there is a great potential for the pump to become clogged with weeds and debris that are in the lake/river. He suggested that perhaps a fountain or a wall waterfall be constructed at the future downtown plaza site, if that would be agreeable with the Parks and Recreation Board.
A motion was made by Mr. Christenson to replace the fountain in the Melrose Lake and recommended also looking to perhaps enhancing the plaza or other areas of the community with this or other type of features. 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: Council Member Klasen due to the location of the fountain.
The hockey rink will be available for use this 2014-2015 skating season. Staff has made contact with last year’s Skating Rink Caretaker of his interest and availability to again staff the warming house. Staff will also look to hiring a second individual as a back-up or to split the shifts. Staff is recommending that last year’s skating rink caretaker, Riley Mayer, and Caldin Rieland be hired at a rate of $9.50 per hour.
A motion was made by Mr. Klasen, seconded by Ms. Mayers and unanimously carried authorizing the hiring of Riley Mayer and Caldin Rieland as caretakers for the 2014-2015 skating season at a rate of $9.50 per hour.
WSB is developing concept and designs for the mill and overlay project of Kraft Drive SE and reconstruction of a portion of 5th Avenue SE from Kraft Drive south to the interstate. WSB will be at the meeting to discuss concepts to be included in the design and layout for the project. It is estimated that pending Council guidance relating to the design of the road that specifications would be ready by February and bidding to occur in March 2015. The Council directed WSB to include separately the cost of the curb and gutter when preparing the concept and design of the mill and overly project. The Council will further review whether or not to include the curb and gutter in the project based on the cost analysis.
The Council, by consensus, decided not to apply for the LRIP funding based on recommendation by staff that the project most likely would lack the number of points that would put it in contention.
Mayor Vogel noted in the past, the Planning and Zoning Commission annually has reviewed part of the City’s proposed Five Year Capital Improvement Plan for compliance with the City’s Comprehensive Plan. This review/determination for compliance and the accompanying follow-up written report to the Council is required by Minnesota Statutes, Section 462.356, Subd 2. It is noted that a “capital improvement” is defined as the “betterment of public lands, buildings or other improvements”. At its November 13 meeting, the Commission reviewed for written comment to the Council the compliance with the Comprehensive Plan of the proposed 2015 non-equipment related expenditures, along with those proposed for 2016, contained in the Five Year Capital Improvement Plan and Levy Information Years 2015-2019. The Commission determined that the proposed non-equipment related expenditures proposed for Years 2015 and 2016 are in compliance with the City’s Comprehensive Plan and authorized the Chair’s execution of correspondence to the Council evidencing its findings. The Commission noted in its review that whenever funding becomes available for the proposed replacement of the 5th Avenue NE / CSAH 13 bridge, the anticipated reconstruction of 5th Street N should follow it by at least a year due to the substantial wear it will receive while 5th Avenue NE is closed for the bridge project.
Mayor Vogel stated that WSB has been contracted to provide design work for the sewer projects. They will present the draft report at the Utilities Commission’s December meeting. An informational item will be presented to the Council thereafter.
The following informational items were discussed:
a. The following is a list of schools and/or conferences where registrations have been made: 1. University of Minnesota, Minnesota Best Practices for Traffic Sign Maintenance. Attending: Streets/Parks Worker Bill Rieland. Registration fee: $70
2. KDV- Annual Government Seminar: Attending: Finance Director Tessa Beuning. Registration fee: $20
b. Utilities Commission’s October 20 Regular Meeting minutes.
c. Planning and Zoning Commission’s October 7 Regular Meeting minutes.
d. MADA/COC’s September 24 Regular Meeting minutes.
e. On November 23, Water/Wastewater Operator Josh Elfering will complete three years of service with the City. City Administrator Brethorst conducted Mr. Elfering’s review and it is favorable; therefore, recommended approval of a step increase from Step 6 to Step 7.
f. On November 11, Streets/Parks Supervisor Mark Maus received his 40-year recognition award of $250 as outlined in City Personnel Policy – Employee Recognition Program. Mr. Maus is to be commended for his years of service.
g. In accordance with City Ordinance No. 6-28-2012-2, Center Point Energy will start to charge the 5% franchise fee for all natural gas sales within the City of Melrose. We are projecting to generate $50,000 in FY 2015 and as of today, we have generated a total of $54,000. The fees generated for this is dedicated to Street Replacement.
Ms. Mayers stated that she was told this is the first since 1997 that there will be snow on the ground for the upcoming Holiday Kick-Off Fireworks. She noted that the snow actually enhances the fireworks and makes them even more beautiful. She encouraged everyone to come and participate in the Holiday Kick-Off festivities.
A motion was made by Mr. Finken, seconded by Mr. Christenson and unanimously carried that the meeting be adjourned at 7:15 p.m.
Patricia Haase, City Clerk
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