The Melrose City Council met in a Regular Meeting on Thursday, October 19, 2017 at 6:00 p.m. at the Melrose City Center pursuant to due notice being given thereof. Present were Council Members Tony Klasen, Josh Thieschafer, Justin Frieler and Mayor Joe Finken, Finance Director Tessa Beuning, and City Clerk Patti Haase. City Administrator Michael Brethorst was present via phone. Council Member Dick Christenson was absent. Mayor Finken presided thereat.
The Council then recited the Pledge of Allegiance.
A motion was made by Mr. Klasen, seconded by Mr. Frieler and unanimously carried to approve the agenda as submitted.
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 September 14 Special Joint Meeting with MADA and the September 21 Regular Meeting.
b. list of bills in the amount of $249,538.86.
c. list of investments for the month of September.
d. Ambulance Department uncollectible accounts in the amount of $896.40 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 $4,165.91 collected from account holders during this quarter.
e. Fire Department uncollectible accounts in the amount of $400 have been submitted to Revenue Recapture, collections, or written off. A complete list of accounts is on file at the City Office. There was a total of $200 collected from account holders during this quarter.
f. Donation Resolutions:
1) Resolution No. 2017-60, Donation to Tri-Cap Bus Service.
2) Resolution No. 2017-61, Donation of four movie tickets to the City of Melrose from Shaggy’s Towing.
3) Resolution No. 2017-62, Donation in the amount of $800 from the Melrose Lions to the Melrose Chamber of Commerce for the Holiday Kick-Off Fireworks.
4) Resolution No. 2017-63, Donation in the amount of $600 from Melrose VFW Post 7050 to the Melrose Chamber of Commerce for the Holiday Kick-Off.
g. The Council to give consideration to approval of a tobacco license to Casey General Store #3657.
h. Due to overlapping holidays on the same day, per policy it is recommended moving the Christmas Eve Holiday to Tuesday, December 26.
i. Police Officer Jeff Eggert will complete one year of service November 1. Police Chief Maus conducted a review and it is favorable, therefore, recommends approval of a step increase from Step 1 to Step 2. The Council took action approving Officer Eggert’s step increase.
A motion was made by Mr. Thieschafer, seconded by Mr. Frieler and unanimously carried to approve the Consent Agenda items.
The Council held a Public Hearing to determine if conditions are a public nuisance and consider issuing orders to abate the nuisance identified on the properties located at:
1. 204 1st Street SW, Melrose MN
2. 308 1st Street NW, Melrose MN
Finance Director Beuning presented the Affidavit of Publication of the Hearing Notice which was published.
City Attorney Scott Dymoke reviewed the process to abate nuisances and presented the nuisance report and photographs of the nuisance violations.
There being no further comment, a motion was made by Mr. Klasen, seconded by Mr. Thieschafer and unanimously carried to close the Public Hearing at 6:09 p.m.
The Council then held a Public Hearing relating to the proposed Business Subsidy agreement with M & M Holdings of Melrose LLC, pursuant to Minnesota State Statutes, Section 116J.993 through 116J.994, inclusive, as amended and Minnesota Statutes Section 469.174 through 469.1799 as amended (the “Subsidy Law”). Summaries of the Subsidy Agreement as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at the City Center. All interested persons may appear at the hearing and present their view orally or in writing. A person with residence in or the owner of taxable property in the granting jurisdiction may file a written complaint with the grantor if the grantor fails to comply with sections 116J.993 to 116J.994.
Finance Director Beuning presented the Affidavit of Publication of the Hearing Notice which was published.
City Attorney Dymoke reviewed the proposed Business Subsidy Agreement.
Igor Lenzner, counsel for Mr. Chad Middendorf stated that he would be happy to answer any questions.
Council Member Klasen asked City Attorney Dymoke if the vote from the September 14, 2017 meeting for the preliminary terms for the business subsidy agreement was a legitimate vote. Mr. Dymoke affirmed that the 2 to 1 vote was in fact a majority of the seated council.
Attorney Dymoke stated that since there were only four Council members present this evening, and if the Council vote is a tie the motion fails, the item cannot be brought back before the Council for a period of six months. Due to timelines imposed by the legislature, delaying this for six months may impact the funding.
Mayor Finken stated that he felt it would be best if the full Council was present.
Mayor Finken recommended recessing the Public Hearing to Thursday, October 26, 2017 at 6:30 p.m.
After further discussion, a motion was made by Mr. Frieler, seconded by Mr. Finken and unanimously carried recessing the Public Hearing to Thursday, October 26 at 6:30 p.m.
The Council next held a Public Hearing to consider the request to transfer the 3.2 Off Sale Liquor License from Adium Oil, DBA Petro Plus #101 to Casey’s Retail Co., DBA Casey’s General Store #3657.
Finance Director Beuning presented the Affidavit of Publication of the Hearing Notice which was published.
There being no further comment, a motion was made by Mr. Klasen, seconded by Mr. Thieschafer and unanimously carried to close the Public Hearing at 6:29 p.m.
Police Chief Maus presented the Police Department’s September report. He noted there were 306 calls for service during that month, compared to 357 for September 2017. The year-to-date number of calls is 2,614 compared to 3,105 in 2016. A total of 22 citations were written for the month of September. For the month of September, the Department also received 30 agency assist calls. Chief Maus reminded residents that open burning is not permitted in the City limits without obtaining a permit from the DNR. Police Chief Maus stated that school flag patrol violations have increased. He also stated that if drivers are approaching an area at the school where staff are putting out flags in a crosswalk to allow students to walk across and are confused about whether to stop, they should stop and wait. They can also contact the Police Department who can explain how to handle the situation.
City Attorney Scott Dymoke reported on projects he has been working on for the City:
• 400 Block: Attended Council meeting to discuss terms of business subsidy for re-mediation of 400 Block. Prepared draft of Business Subsidy Agreement and forwarded to City staff for review and comment. Forwarded revised draft to attorney for property owner for review and comment.
• Nuisance Enforcement: Prepared proposed resolutions ordering abatement of nuisances, hearing notices and service lists.
Mayor Finken stated that earlier this evening, a Public Hearing was held to abate nuisances pursuant to Melrose City Code Section 93.21 on the following properties:
1. 204 1st Street SW Melrose MN
2. 308 1st Street NW Melrose MN
City Attorney Dymoke stated that if the Council wishes to move forward with the abatement of the nuisance conditions for the above listed properties, they will need to take action adopting the resolutions. In so doing, the property owner has 30 days in which to come into compliance with the applicable City codes and regulations. A motion for summary enforcement of the order will be made to the Stearns County District Court unless correction action is taken, or unless an answer is filed within the time specified in Minn. Stat. §463.18 which is 20 days. If the City must take action to enforce this order, all enforcement costs will be specially assessed against the property and collected in accordance with Minn. Stat. §463.22, §463.21 and §463.161.
Council Member Thieschafer introduced Resolution No. 2017-64, Resolution Ordering the Abatement of Nuisance Conditions Located at 204 1st Street SW Melrose MN. The motion was seconded by Mr. Klasen with a roll call vote recorded as follows: For: Council Members Thieschafer, Klasen, Frieler, and Mayor Finken; Against: None; Absent: Council Member Christenson.
Council Member Klasen introduced Resolution No. 2017-65, Resolution Ordering the Abatement of Nuisance Conditions Located at 308 1st Street NW Melrose MN. The motion was seconded by Mr. Frieler with a roll call vote recorded as follows: For: Council Members Klasen, Frieler, Thieschafer, and Mayor Finken; Against: None; Absent: Council Member Christenson.
The Council next gave consideration to a request for the transfer of the 3.2 Off Sale Liquor License from Adium Oil, DBA Petro Plus #101 to Casey’s Retail Co., DBA Casey’s General Store #3657. A background investigation has been conducted by the Police Department and nothing was found that would prohibit issuing of the license.
A motion was made by Mr. Frieler, seconded by Mr. Klasen and unanimously carried to approve the transfer of the 3.2 Off Sale Liquor License from Adium Oil, DBA Petro Plus #101 to Casey’s Retail Co., DBA Casey’s General Store #3657.
Mayor Finken noted that the City has contracted with WSB to write a Local Road Improvement Program grant for the 5th Ave NE Bridge Project. To score additional points, the City shall pass a resolution supporting the application. Staff has already written a letter of support; however, the resolution generates additional points.
Council Member Klasen introduced Resolution No. 2017-66, Resolution of Support of an Application for 2017 Local Road Improvement Program Funding for the 5th Avenue NE Bridge Project. The motion was seconded by Mr. Thieschafer with a roll call vote recorded as follows: For: Council Members Klasen, Thieschafer, Frieler, and Mayor Finken; Against: None; Absent: Council Member Christenson.
Mayor Finken stated that several bills introduced during the 2017 legislative session collectively serve to undermine Minnesota’s robust city-state partnership. This historic principle is based upon a shared vision and must allow communities and locally elected officials to tailor that vision to the unique needs of their citizens. Cities use a comprehensive, legal, and open process to develop ordinances. Through this process, they often serve as laboratories for public policy. Obstructing this authority will impede innovation that has proven to result in statewide benefits.
The LMC is asking cities to reject legislation that erodes the fundamental principle of local control in cities across Minnesota. Continue to actively work together and communicate about our communities in a way that respects the authority each form of government is given by voters.
A motion was made by Mr. Klasen, seconded by Mr. Frieler and unanimously carried adopting Resolution No. 2017-67, Resolution Supporting Local Decision- Making Authority.
Due to the recess of the Public Hearing scheduled to reconvene on Thursday, October 26 at 6:30 p.m., no action was taken. This item will be brought before the Council at its October 26 Special Meeting.
Mayor Finken stated that the Belgrade Police Department has a requested to contract their records and transcription services with the Melrose Police Department. It is estimated five hours per week would be needed at a rate starting at $25 per hour and would be adjusted as wage or insurance adjustments are made in the future. The Melrose Police Department will be the priority of staff.
A motion was made by Mr. Frieler, seconded by Mr. Klasen and unanimously carried approving RMS and Transcription Services Contract with the Belgrade Police Department.
Mayor Finken noted that according to the Fire Department Policies, Officers’ terms expire every two years. The terms will expire on January 1, 2018; therefore, applications for Chief, 1st Assistant Chief, 2nd Assistant Chief, and Training Officer were accepted through October 13. One application was received for the Fire Chief position, which was from Tom Budde. Fire Department Members Bunker Hill, Carl Worms. Luke Blonigen, Council Representative Tony Klasen, City Administrator Mike Brethorst and City Clerk Patti Haase conducted the interview of Tom Budde. The Committee is recommending the Council approve the appointment of Mr. Budde for the Melrose Fire Chief position.
A motion was made by Mr. Thieschafer, seconded by Mr. Christenson and unanimously carried appointing Mr. Budde as the Melrose Fire Chief for 2018-2019.
Mayor Finken noted that it is anticipated an employee will be on medical leave effective November 3 for upwards of three months. In an effort to ensure the Public Works Department is able to keep sidewalks cleared of snow, temporary part-time help will be needed on an on-call basis. Staff is recommending contracting with Ron Tieman to preform snow removal as needed.
A motion was made by Frieler, seconded by Mr. Thieschafer and unanimously carried authorizing staff to contract with Ron Tieman to perform snow removal alongside the Public Works Department, as needed.
Mayor Finken stated that the Council, at its September 21 meeting, approved the internal posting for a full-time Police Officer. Two applications were received. Chief Maus, City Administrator Brethorst, Finance Director Tessa Beuning, and City Clerk Patti Haase conducted interviews on Monday, October 9. The applicants were Stephanie Robak and Kyle Hartigan, both current part-time Officers with the Melrose Police Department. It was the Committee’s recommendation that part-time Officer Stephanie Robak be hired to fill the position. The Committee recommends Ms. Robak be hired at Start Step.
A motion was made by Mr. Thieschafer, seconded by Mr. Frieler and unanimously carried approving the hire of Stephanie Robak as a full-time Police Officer at Start Step on the pay scale.
Upon Ms. Robak’s full-time hire, the Council to give consideration to approving staff moving forward with the hiring process for the replacement of a part-time Police Officer.
A motion was made by Mr. Frieler, seconded by Mr. Klasen and unanimously carried for staff to initiate recruitment and selection process for a part-time Officer.
Mayor Finken stated that the Council, at its September meeting, directed that WSB prepare a quote for services for the permitting requirements relating to the 5th Ave NE bridge. Additionally, the Council has directed that a final pre-decisional meeting occur between WSB, City staff, Council liaison and effected regulatory agencies. This meeting occurred, and it was determined that it is probable that a permit would be granted; however, a formal submittal must occur to determine if this will occur or not. During the meeting, the DNR suggested the City consider a rock arch dam as part of the project. In order to provide real consideration, it is recommended to gather additional information to include costs and potential funding sources as well as permitting requirements and bring it back to the Council at its November 16, 2017 meeting. Benefit would require significant upgrade or replacement, fish spawning purposes and aesthetically beneficial along with general recreation. DNR will provide a presentation on the November meeting. The rock arch dam will score higher on the grant application.
A motion was made by Mr. Klasen, seconded by Mr. Frieler and unanimously carried to contract with WSB to provide an initial elevation map of the Melrose Lake for both the east basin and west basin at a cost not to exceed $500.
Mayor Finken noted that at the Council’s first meeting in January 2018, consideration will be given to making appointments to the various boards and commissions. A notice regarding same will be published informing residents that those interested in seeking appointment should submit their application to the City Clerk by no later than Monday, November 14. Applications are available at the Melrose City Center. Terms are expiring on the following boards and commissions:
• Planning and Zoning Commission, two members (four-year term), terms expiring: Mike Klaphake and Adam Paulson.
• Parks and Recreation Board, two members, (three-year term) terms expiring: George Jensen (MADA Representative) and Kevin Thomes (Planning & Zoning Representative).
Mayor Finken stated that in anticipation of Stearns County to mill and overlay 2nd Ave SE, the Public Works Department will be repairing and realigning the storm sewer at the intersections of 2nd Ave SE and 2nd Street SE. A quote was sought from Mayers Excavating to perform the work. Work is set to be complete prior to the end of October. This will allow for a freeze thaw cycle to occur in anticipation of the County project in 2018.
Mayor Finken noted that the City of Melrose billboard located on the east side of town was destroyed by the wind storm in September. Staff is working with Kraker Insurance and LMC to determine potential replacement options and claims. Once a determination is made, staff will present the findings to MADA to develop a recommendation to the Council.
The following informational items were reviewed:
• The following is a list of schools and/or conferences where registrations were made:
1. Creating Customer Engagement October 10. Attending: Community Development Director Mike Creelman.
2. MN Society of CPA, October 24. Attending: Finance Director Tessa Beuning.
3. 2017 LMC Regional Meeting October 6. Attending: Streets/Parks Supervisor Gray Middendorf.
4. CGMC Fall Conference, November 16-17. Attending: City Administrator Mike Brethorst.
5. Springsted Symposium November 16. Attending: Finance Director Tessa Beuning.
• Utilities Commission’s September 11 Regular Meeting.
Correspondence from Charter Communications.
A motion was made by Mr. Thieschafer, seconded by Mr. Frieler and unanimously carried that the meeting be adjourned at 6:50 p.m.
Patricia Haase, City Clerk