Mazeppa City Council Meeting - December 14, 2022

Posted

Regular Meeting of the Mazeppa City Council

Meeting Minutes

Wednesday, December 14, 2022

The regular meeting of the Mazeppa City Council was called to order at 6:00 PM by Mayor Chris Hagfors.

The Pledge of Allegiance was said.

Present: Mayor Chris Hagfors. Council Persons Steve Liffrig, Michael Hammes, Dustin

Wiebusch, and Erica Young.

Others Present: City Attorney Luke Lamprecht, City Engineer Matt Mohs, Wabasha County

Sherriff Deputy Joe Schneider, John Clemens, and City Administrator Clerk Karl

Nahrgang.

Present via electronic meeting: Holly Galbus of the News Record and Robert Josselyn.

Motion by Wiebusch, second by Liffrig to approve the agenda. All in favor, none opposed. Carried.

Motion by Wiebusch, second by Liffrig Young to approve the meeting minutes for the November 9, 2022 regular City Council meeting and the November 30, 2022 Special Council meeting and public hearing. All in favor, none opposed. Carried.

Motion by Wiebusch, second by Liffrig to close the regular meeting and open the Truth-in-Taxation meeting. All in favor, none opposed. Carried.

Regular meeting was closed, and Truth-in-Taxation hearing opened at 6:03 PM.

City Administrator Clerk Karl Nahrgang compared 2022 budget and levy to 2023 proposed final budget and levy. Levy will increase by 3%, with approximately 1/3 of the increased revenue coming from new housing completed in 2022.

An example of 3 homes comparing 2022 taxes and 2023 proposed taxes was presented.

Percentages from each of the City’s revenue sources for the City’s budget were read.

Motion by Wiebusch, second by Liffrig to close the Truth-in-Taxation hearing and open the regular Council meeting. All in favor, none opposed. Carried.

Truth-in Taxation hearing was closed, and the regular Council meeting re-opened at 6:12 PM.

The Public Works report was read.

Wabasha County Sherriff’s Department Patrol Sargent Joe Schneider presented the Monthly Incident Command Report. In response to Council questions, Sargent Schneider said that Sherriff’s Department staffing it tight and that they used to have more part-time officers they could reach out to fill shifts. Sargent Schneider also said that officers now carry Narcan in to better respond to emergency situations due to more Fentanyl overdoses. Opioid overdoses are not widespread in the County but are frequent enough for the patrol officers to be prepared for those situations.

The Fire Department report and roster of 2023 officers were presented.

2023 Fire Department Officers.

Fire Chief: Bryce Dohrn

Assistant Chief: Brandon Goranson

Assistant Chief: Jeff Sommerfield

Inside Captain: Paul Goetsch

Outside Captain: Christian Monsrud

Truck Captain: Justin Staub

Safety Officer: Rob Hill

Medical Directors: Mackenzie Peck and Rob Hill

Training Officer: Adam Hofschulte

Assistant Training Officer: Seth Beyer

President: Paul Goetsch

Vice President: Andrew Piva

Secretary: Ellen Lexvold

Motion by Young, second by Wiebusch to approve the Fire department officers for 2023. All in favor, none opposed. Carried.

The Mazeppa Municipal Liquor Store report was presented.

An engineering update was presented by City Engineer Matt Mohs.

Matt Sveen of MB Sveen Properties LLC notified the City Council that the entity intends to close the portion of what is known as 4th Ave. NE that runs across land owned by the entity. Mr. Sveen said that it has always been the intention to close the road to further develop this portion of the area.

Mr. Sween considers this portion of the road in the same manner as the rest of the private roads in the park and that he has the right to open or close them as needed. He said that there has been no formal maintenance agreement or easement presented to him by the City. Mr. Sveen also requested that the entity has told the City not to maintain the road. Mr. Sween stated his opinion that public maintenance on a private road violates Minnesota Statute against paying public funds for private benefit.

Mr. Sveen said that he would agree to a maintenance agreement with the City for that portion of the road if the Council took action to relinquish any claim of rights to the usage of that portion of the road and would agree to a date in 2023 to close the road for removal.

City Administrator Karl Nahrgang stated that since the City has not plowed the road yet and that if the City is okay with closing the road the LLC would have to provide part of the signs to do so due to the limited supply owned by the City.

Councilperson Wiebusch asked Mr. Sveen if he was aware that the portion of the road in question was being used as a through street when he purchased the property.

Mr. Sveen said that in earlier conversations with City staff that he was told that further development on the property would not be a problem and that he did not receive any objections to removing the road until he brought his proposal before the Council earlier this year.

City Attorney Luke Lamprecht said that from the information provided to him that his belief is still that the City has common law dedicated easement or, in the alternate, prescriptive easement rights on behalf of the public to keep using the roadway. If the LLC and the City disagree on this point, and if the City Council agrees with Mr. Lamprecht, then the parties could certainly ask a judge to make a ruling on the easement rights.

Councilperson Erica Young stated that it was the obligation of the Council to consider the public good for the residents in that portion of the community of keeping the road open until such time that the City would extend the 4th Ave. NE in along its plat-dedicated right-of-way, and that allowing the current road to be closed would not be acting in the public good for those residents.

Administrator Clerk Nahrgang asked if the good of the residents would be served by allowing the road to be closed now with the intention of routing 4th Ave. NE within the platted right-of-way and working to use the change to help the spring run-off problem in the area, instead of maintaining a substandard section of roadway on land that was not originally platted as the right -of-way. Mr. Nahrgang asked if the offer the City made to purchase a portion of the land still be considered.

Mr. Sveen said there have been many missteps by past ownership and the City on how this situation has come to be and wants to see action taken. Mr. Sveen also said that unless action was taken at this meeting, he would contact the City Administrator next week (week of December 19, 2022) with a date that the LLC will close the disputed portion of the road.

Administrator Clerk Nahrgang wanted to clarify that the if the City is willing to put up road closed signage on 4th Ave. NE, just north of the disputed area, and that signs for the entrance from Chestnut St. then any signs installed within the manufactured home park would have to be provided by LLC.

Motion by Wiebusch, second by Liffrig to change the agenda, under Old Business from 1st Reading of Ordinance 45-1.23 to 2nd Reading of Ordinance 45-1.23. All in favor, none opposed. Carried.

Motion by Wiebusch, second by Hammes to approve the 2023 Final Budget. All in favor, none opposed. Carried.

Motion by Hammes, second by Wiebusch to approve the 2023 Final Levy. All in favor, none opposed. Carried.

Motion by Young, second by Wiebusch to approve Ordinance 45-1.23 setting City fees for 2023. All in favor, none opposed. Carried.

Motion by Wiebusch, second by Hammes to accept the resignation/retirement of Jim Glander. All in favor, none opposed. Carried.

Thank you, Jim Glander, for your years of service to the community.

Motion by Wiebusch, second by Young to approve Resolution 2022-46 Accepting Fire Relief donations. All in favor, none opposed. Carried.

Motion by Young, second by Liffrig to approve the Year End transfers from reserves to the operating fund and from the operating fund to the reserves. All in favor, none opposed. Carried.

Motion by Wiebusch, second by Hammes to approve the 2023 retainer agreement with Lamprecht Law to continue to provide legal services the City of Mazeppa. All in favor, none opposed. Carried.

Motion by Wiebusch, second by Liffrig to pay the bills and claims. All in favor, none opposed. Carried.

City Attorney Luke Lamprecht said that the deed for parcel R23.00429.00 has been completed and the City has 3 years to complete its plans for a dog park on this property. He also said that Bolton and Menk have been in contact with his office on completing the zoning district map and should be ready to present to Council soon. Mr. Lamprecht re-stated that he believes that an obligation exists to the public for the City to retain the rights to use the disputed roadway and that if the road is closed, the City should meet with a civil litigator to discuss response options.

Motion by Young, second by Wiebusch to hold a special meeting of the Council to sign the letter of Conditions with USDA Rural Development for the grant to rebuild the Wastewater Treatment Plant and to discuss response to potential road closing. All in favor, none opposed. Carried.

Motion by Wiebusch, second by Hammes to approve meeting with a civil litigator for potential responses to the potential closing of the portion of 4th Ave. NE routed over land owned by M.B. Sveen properties. All in favor, none opposed. Carried.

Councilpersons Young and Wiebusch thanked the Mazeppa Business Alliance for donations and work for the lighting ceremony at Lions Park.

All members of the Council thanked Mr. Jim Glander for his years of service to the City and wished everyone in the community a Merry Christmas and an enjoyable Holiday season.

Motion by Hammes, Second by Liffrig to adjourn the meeting. All in favor, none opposed. Carried.

Meeting adjourned at 8:25 PM.

Next meeting will be 6:00 PM, December 29, 2022.

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Administrator-Clerk