Melrose City – April 19th, 2012

Melrose City
April 19, 2012
The Melrose City Council met in a Regular Meeting on Thursday, April 19, 2012 at 5:45 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. The Council then recited the Pledge of Allegiance.
A motion was made by Ms. Mayers, seconded by Mr. Finken 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:
a. the minutes from the Council’s March 15 Regular Meeting.
b. list of bills in the amount of $456,560.27.
c. list of investments for the month of March.
d. Donation Resolutions: 1) Resolution No. 2012-12, Donation in the amount of $100 from Melrose Mutual Insurance towards the Melrose Fire Department ladder truck.
2) Resolution No. 2012-13, Donation in the amount of $25 from the Melrose American Legion towards the Chamber Beautification project.
3) Resolution No. 2012-14, Donation from the Roving Hillbillies Snowmobile Club in the amount of $100 towards the Melrose Ambulance Department.
4) Resolution No. 2012-15, Donation from CAP Industries in the amount of $500 towards the Council Chamber emblem.
e. The Council gave consideration to approving the Community Festival License Application for The Dam Bar for the Working Together for a Cure Car Show and Fundraising Event to be held Saturday, June 2, 2012 at the Sauk River Park. Per City Code, the application has been reviewed and signed off by the Public Works Director and Police Chief. This event must comply with City Code Chapter 113.23 (C) which deals with Community Festivals – Public Property. Approval is contingent upon the City Clerk receiving all required documentation.
f. Correspondence from Community Education Director Stacey Austing-Jacobson requesting the City of Melrose consider a donation of $9,250 to the Melrose Area School’s 2012 Summer Recreation Program. The City donated $9,250 towards the Community Education Summer Recreation Program in 2011. This donation was included in the City’s adopted 2012 budget.
g. Katie Rademacher has submitted her resignation from the Ambulance Department effective April 1, 2012. She has served on the Department since May, 2010.
h. Brandon Roering has requested a leave of absence from the Ambulance Department effective April 18, 2012. A leave of absence is effective for one year. The Council to take action approving Mr. Roering’s leave of absence. With the recent hiring of Andrew Wirtz to the Department, there will be 16 active members on the Department. Ambulance Coordinator Jenn Tschida feels they are adequately staffed at this time.
i. Fire Chief Jeremy Kraemer has two obtained quotes for dress uniforms for the Melrose Fire Department. The Council to give consideration approving the purchase of the dress uniforms to Galls in the amount of $4,785.89.
j. The Commission, at its April 9 meeting, approved entering into a contract agreement with Karen Thostenson to conduct audits of work performed by City staff, assist in training of staff and respond to various questions via phone, e-mail and in person. At a minimum, the Consultant will assist with: end of year audit review and adjustments, monthly, weekly and yearly journal entries, coding, account setup and other various accounting functions, assist with establishing FY 13 budgets, FY 13 utilities rates, cash investment, filing and tracking, monitor and assist with various reporting and training of Accountant and Accounting Clerk, and assist with various general governmental operations. The Council gave consideration concurring with the Commission’s approval to enter into a contract agreement with Karen Thostenson for Accounting and General Management.
k. Due to a Student VISA issue, the Council and PUC authorized the City to develop a shadow program this past February. In cooperation with the City of Melrose and our Sister City Program, the City has been approached by Loren Meyer and Simon Hellermann to sponsor a student shadow from Germany. The student shadow would serve as a cultural and professional exchange program to develop a better understanding of German and American culture. Additionally, the intern would assist the City staff with various duties and special projects over a seven-day period. It has come to our attention that the “Shadow” may be able to get the appropriate VISA to conduct a full internship which would be spread out over a 60-day period. Staff recommends approving the internship and being an official sponsor and provide the intern compensation not to exceed $599 plus cost for registration and travel expenses to attend various meeting and/or conferences. If the VISA is denied, staff would recommend that the student continue with a shadow program not to exceed seven working days at City Office with no compensation as previously approved. The PUC, at its April 9 meeting, approved the internship program.
A motion was made by Mr. Finken, seconded by Mr. Christenson and unanimously carried to approve the Consent Agenda items.
The Council held a public hearing to obtain information from the public for use in considering whether to adopt a gas franchise fee in the City of Melrose, Minnesota. City Administrator Brethorst presented the Affidavit of Publication of Notice of Hearing which was published.
Alan Schulzetenberg spoke opposing the gas franchise fee. George Jensen spoke in favor of the gas franchise fee. Mayor Vogel inquired if there were any other questions or comments. There were no other comments from those in attendance for the Public Hearing. The Public Hearing was then closed at 6:04 p.m.
Mike Nielson from WSB and Amanda Prosser with Brauer and Associates provided a presentation of the Splash Pad/ Skate Park. It was determined to move forward with a plaza style design for the skate park and the Waterplay splash pad design. Mike Nielson with WSB stated that there may be grants available through the Tony Hawk Foundation and perhaps the DNR through a tie-in with the Lake Wobegon Trail. Ms. Prosser estimated the annual O&M costs of the splash pad park at approximately $12,000 – $15,000. A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried approving the plaza style skate park design and Waterplay design concept.
Assistant County Assessor Kelly Lemke provided an update on valuation changes and other items pertaining to the assessment process. Ms. Lemke presented data for the residential property sales for the period of October 1, 2010 through September 30, 2011. Twenty-five residential property sales occurred during this period. Ms. Lemke reported that there were two arm length commercial/industrial sales in Melrose for the reporting period. It is anticipated that there may be a slight decrease to residential property tax while commercial may see a minimal increase. The full report is on file at the City Office.
Police Chief John Jensen presented the Police Department’s March report. Chief Jensen noted that 15 citations were written for the month of March 2012. He stated there were 231 calls for service during this month compared to 213 for March of 2011. The year-to-date number of calls is 644, compared to 749 in 2011. The Melrose Police Department has issued 26 gun permits compared to 8 last year. The Nuisance Housing Code inspections have been completed. A total of 90 violations have been sited. Contact will be made with residents within the next week to allow the homeowners to ask any questions, work out compliance arrangements, etc.
Chief Jensen commented on the use of golf carts and all-terrain vehicles on City streets. There are some geographical and County Road hurdles that need to be researched further. This will be discussed in greater detail at the May 22 meeting.
City Attorney Scott Dymoke reported on the projects he has been working on for the City:
•Auditor’s Opinion: prepared and forwarded opinion letter to City auditor advising that there are no pending or actions against the City of Melrose
• Roelike Concerns: worked with City staff to review Joe Roelike’s drainage concerns in Industrial Park
• Rose Park: worked with City staff to review outstanding issues in Rose Park and discuss coordinating efforts with Stearns County Attorney and Environmental Services
• Public Utilities: reviewed bids for power plant equipment with Public Works Director and prepared opinion concerning handling of irregularities in process
Planning and Development Director Walz and Council/Planning and Zoning Commission Member Klasen reported on the Commission’s April 5 Regular Meeting. The Commission, acting as the Board of Adjustments and Appeals, held a Public Hearing on the request of Commercial Contractors Company of Melrose Inc. (CCC) for a Variance from the rear yard setback requirements stipulated by Section 400. District Lot Regulations of the City’s Zoning Ordinance, as amended, as adopted by City Code Chapter 153. The Variance is being requested to accommodate the proposed expansion of the existing CCC manufacturing and fabricating facility. The proposed expansion measuring 46’ x 100’ and containing 4,600 square feet would be added to the rear/east side of the existing facility. The Council will give consideration to the Variance request later in the meeting.
Earlier in the meeting, the City Council held a Public Hearing for the purpose of obtaining information from the public for use in considering whether to adopt a gas franchise fee in the City of Melrose, Minnesota. The Council, at its March 15 meeting, preformed the initial review of the proposed Gas Franchise Fee Ordinance. CenterPoint Energy has a total of 36 cities that impose a gas franchise. Of those 36, ten require a percent based franchise while the other 26 require a flat fee.
Council Member Christenson noted that he had received both positive and negative feedback on the gas franchise fee issue. Mr. Finken stated that he believes the gas franchise fee is fair and acknowledged the City’s needs for additional revenues to maintain service levels and infrastructure. Ms. Mayers did not receive any communication opposing the gas franchise fee and believes it is a step in the right direction. Council Member Klasen opposed the gas franchise fee due to the poor economy. Mr. Klasen recommended that should the City move forward with imposing a gas franchise fee that it includes a sunset clause. Mayor Vogel noted that due to the significant reduction in funding in LGA and the Market Homestead Value Credit, the City’s revenue has decreased over the past several years. Mayor Vogel requested staff prepare a summary of the budget adjustments and cuts over the past years.
Administrator Brethorst noted that the City has made changes in its operation to include, but not limited to: extended capital replacement plans, (i.e. police squad from 2 years to 4.5 year rotation, delayed Public Works vehicle purchases), purchase larger mowing equipment to reduce staffing needed to complete mowing, and delayed capital outlaid projects. Additionally, there has been a 17.6% reduction in staff since 2003, as well as contracted professional services have been decreased. Furthermore, Mr. Brethorst noted there are several streets that are in need of major repair, such as 5th Street NE/NW, Turkey Lane SE and 6th Street NE. As noted in the Five Year Capital Improvement Plan, not all projects are funded. Therefore, additional consideration must be made if these projects are to occur, one option being the implementation of a gas franchise fee. Other options include storm water fee, request franchise fee payments from the Water Fund, raise taxes, and or implement an assessment policy for reconstruction, or a combination of all noted.
After further discussion, a motion was made by Ms. Mayers approving the concept of the gas franchise fee. The motion was seconded by Mr. Finken with a roll call vote recorded as follows: For: Council Members Mayers, Finken, Christenson, and Mayor Vogel; Against: Council Member Klasen. The Council will hold a workshop to further discuss in detail the language to be incorporated into the Gas Franchise Fee Ordinance.
In previous discussions, the Council had indicated its desire to dedicate the gas franchise fees to the capital improvements fund. The Council then gave consideration to adopting Resolution No. 2012-16, Committing Specific Revenue Sources and Confirming Restrictions for Specified Revenue Funds.
Ms. Mayers introduced Resolution No. 2012-16, Committing Specific Revenue Sources and Confirming Restrictions for Specified Revenue Funds. The motion was seconded by Mr. Christenson with a roll call vote recorded as follows: For: Council Members Mayers, Christenson, Finken, Klasen, and Mayor Vogel; Against: None. A copy of the resolution is on file in the City Administration Office.
Mayor Vogel reported that, at the February 16 meeting, the Council approved keeping $40,000 worth of interest payments in Fund 203 versus transferring it to the General Fund. In accordance with GASB 54, staff recommends dedicating the funds to specific projects versus the unallocated fund within Fund 203.
Mr. Christenson introduced Resolution No 2012-17, Committing Fund Balances for Specific Purposes. The motion was seconded by Mr. Finken with a roll call vote recorded as follows: For: Council Members Christenson, Finken, Mayers, Klasen, and Mayor Vogel; Against: None. A copy of the resolution is on file in the City Administration Office.
Mayor Vogel noted that Stearns County, in conjunction with Stearns County Highway Department, has agreed to include 6th Street NW in their plan for mill and overlay of County Hwy 170 / 3rd Street NW. The estimated City cost is $8,000. Actual costs will be based on construction costs. The work would be completed in fiscal year 2012. A motion was made by Mr. Klasen, seconded by Mr. Finken and unanimously carried approving the project and to direct the City Administrator to submit a letter to the County informing them of the Council’s action.
Mayor Vogel next reported that two streets are in need of major patch work again this spring – they are 5th Street NE/NW) and Turkey Lane SE. Two years ago, the City Council directed staff to do major patch work to these two streets to extend their life which was completed. Staff is obtaining quotes per policy to complete additional patch work. This work will be completed in FY 12. A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried authorizing the work based on the low quote for repairs to 5th Street NE/NW and Turkey Lane SE.
The Council next gave consideration requesting that Stantec provide a cost for preparing a preliminary engineering study for 5th Street NE/NW, Turkey Lane SE and 5th Avenue SE from Kraft Drive SE to I-94. As an informational item, Stantec prepared a condition report in 2010 and 5th Street NE reconstruct costs were estimated at $400,000. The report would be completed in FY 12 with possible construction in Spring of FY 14.
Council Member Finken asked that in light of this economy it might be prudent to open up the project allowing other engineering firms to bid on the engineering work. Mr. Finken noted there are engineering firms with close ties to the community that should be given an opportunity to submit a proposal. Mayor Vogel stated that he believes as long as Stantec is providing quality work for the City that the City continue utilizing their services, noting that in many ways City Engineers are an extension to staff and have the affordability of understanding the intricacies of the community.
A motion was made by Mr. Christenson authorizing staff to obtain a cost from Stantec for the preparation of a preliminary engineering report for items #2, #3 and #4. Mr. Vogel seconded the motion with a roll call vote recorded as follows: For: Council Member Christenson and Mayor Vogel; Against: Council Members Mayers, Klasen, and Finken; Motion failed.
A motion was then made by Mr. Klasen requesting staff prepare and obtain a Request for Qualifications (RFQs) for a City engineering firm. The motion was seconded by Mr. Finken with a roll call vote recorded as follows: For: Council Members Klasen, Finken, Mayers, and Christenson; Against: Mayor Vogel; Motion passed.
Due to the Council taking action requesting staff obtain RFQs for a City engineering firm, it was the consensus of the Council to table action on giving consideration to requesting Stantec to prepare a preliminary engineering study to determine the best alternative for: 6th Street NE and cul-de-sac, Country Club Road SW, and Country Club Drive SW. Eight hundred and fifty (850) feet of Country Club Drive SW may need a full reconstruct. If a full mill and overlay is the best solution for these streets, the estimated cost is $650,000.
Mayor Vogel stated that the City has received the proposed Reserved Contract from Western Area Power Administration (WAPA). This Reserve Contract affirms the resource commitment WAPA made through the 2021 Power Marketing Initiative. WAPA’s intent is for this Reserve Contract to assist customer resource planning activities until such time that a new long-term Firm Electric Service Contract is executed. This Reserve Contract will terminate upon entering into a new Firm Electric Service Contract or will automatically terminate if we fail to enter into the contract before January 1, 2021. The new Firm Electric Service Contract will provide Hydro Power to Melrose through 2049. A motion was made by Ms. Mayers, seconded by Mr. Finken and unanimously carried approving the Reserve Contract with WAPA and adopting Resolution No. 2012-18, Resolution to Authorize a Contract to Reserve Firm Electric Service Contract Rates of Delivery Associated with Energy for the City of Melrose, Minnesota.
Mayor Vogel noted that in a follow-up from a joint meeting held on February 27, 2012 with various City, County, Soil/Water Staff, elected officials and Joe Roelike, it was determined that a cost estimate should be developed to determine topographic survey work and investigative reporting for CR #186 – Ditch Investigation/Joe Roelike.
Stantec has submitted a proposal to complete a topographical survey of CR #186 – northerly ditch from the intersection with Industry Parkway NW to a point approximately 1500 linear feet easterly (wetland). The survey would provide a cross section every 25 feet along the ditch and would be approximately 150 feet wide from the center line of CR #186 and to the north. A Gopher State One Call will be made and all utilities will be surveyed. Cost – $1,300.
Stantec would also provide an investigative report that would include a topographical map of the existing CR #186 ditch as described above and proposed improvements to the ditch with an estimate cost for the improvements. Two meetings would be included (a staff meeting to review a draft report and a Council meeting to present the report). Cost $1,200.
Stantec’s cost are based on the 2012 hourly rate table provide to the City. Stantec’s will provide the above services at a cost not to exceed $2,500.
It was noted that within the cost estimates, the City will need to know the cost for relocation of utility lines as well if needed. A motion was made by Ms. Mayers, seconded by Mr. Christenson and unanimously carried to complete topographic survey to complete a topographic survey and investigative report of CR #186 – Ditch Investigation adjacent to Joe Roelike property.
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 6 months and older, kept or harbored in the City, must be licensed with a City of Melrose license. A maximum of 3 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 3 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.
Mayor Vogel noted that the following meetings are scheduled for the Month of May: 1) Special Meeting of the Council, acting as the Board of Review and Equalization, scheduled for Tuesday, May 1, 2012 at 4:30 p.m. at the Melrose City Center.
2) The Council’s Regular meeting has been rescheduled from Thursday, May 17, 2012 to Tuesday, May 22, 2012 at 6:00 p.m.
Mayor Vogel reported that Carstens Industries, Inc., located in the City’s 8th Avenue NW Industrial Park, is considering an expansion to its existing production and storage facilities which would contain approximately 10,560 square feet. To assist with this development project, Jim Carstens, President of Carstens Industries, Inc., is requesting development assistance in the form of tax increment financing (TIF). In addition, depending on any necessary utility hook-ups which may or may not be required, a request for the forgiveness of any associated SAC and WAC fees is also being presented. Mr. Carstens’ request for TIF assistance and potential SAC and WAC fee forgiveness was presented at MADA’s meeting on Thursday, April 12. Mr. Carstens presented his proposed project to MADA. He noted that late last year he took on several new projects which are requiring the additional production and storage space. At that time, he had indicated to MADA and made known to staff that the additional projects would likely require the additional expansion and an increase in employees. Since January 1, 2012, his staffing level has increased by three or 33.3%. He envisions the hiring of additional when the additional production space becomes available.
Following the presentation by Ms. Ryan and the subsequent discussion, MADA took action recommending to the Council that, at no cost to Mr. Carstens, it consider pursuing the granting of TIF assistance as requested by Mr. Carstens for his proposed expansion project by authorizing preparation of the TIF Plan by David Drown Associates and passing a resolution setting 6:00 p.m. on Tuesday, May 22, 2012 as the time and date of the required public hearing.
In addition, MADA took action recommending to the Melrose Public Utilities Commission that should Mr. Carstens’ proposed expansion incur any SAC and WAC fees they be waived in manner similar to that of the recently approved Warrior Properties, LLC/Warrior Boats, Inc. and Steve Danzl/Twin Pines Catering Company, Inc. projects.
The Council to give consideration authorizing the preparation by David Drown Associates of a TIF Plan for the Carstens Industries expansion and approving Resolution No. 2012-19 setting a public hearing for the TIF Plan for Tuesday, May 22 at 6:00 p.m. (See attached resolution) The Council to also consider taking action to concur with the recommendation of MADA that all TIF-related costs for the Carstens Industries TIF project be paid by the City. A motion was made by Mr. Klasen, seconded by Ms. Mayers and unanimously carried authorizing the preparation by David Drown Associates of a TIF Plan for the Carstens Industries expansion.
Ms. Mayers then introduced Resolution No. 2012-19, Calling For A Public Hearing On The Modification Of Municipal Development District No. 7, The Approval Of The Modified Development Program Related Thereto, The Establishment Of Tax Increment Financing District No. 7-2, And The Adoption Of Tax Increment Financing Plan Relating Thereto. The motion was seconded by Mr. Christenson with a roll call vote recorded as follows: For: Council Members Mayers, Christenson, Finken, Klasen, and Mayor Vogel; Against: None.
Consideration was then given to MADA’s recommendation that all TIF-related costs for the Carstens Industries TIF project be paid by the City. A motion was then made by Ms. Mayers, seconded by Mr. Finken and unanimously carried concurring with MADA’s recommendation that all TIF-related costs for the Carstens Industries TIF project be paid by the City.
Mr. Klasen left the meeting at 9:00 p.m.
Mayor Vogel noted that to accommodate the required parking for the proposed Steve Danzl/Twin Pines Catering Company, Inc. Cornerstone Restaurant project and to properly address the storm water issues on the development site, it is necessary according to the proposed Grading and Erosion Control Plan prepared by Minnesota Engineering and Construction Services to vacate the northerly 17 feet of the Kraft Drive SE road right-of-way which borders the property. A similar vacation of the northerly 17 feet of Kraft Drive SE occurred about 1986 at the time of the platting of Mielke Addition to accommodate the construction and space needs of the current Tesoro convenience store and the later construction of SPIRITZ Liquors. Since this need was only brought to the attention of staff prior to the MADA meeting on April 12, a formal request has not been made. However, MADA, after discussing this matter at its meeting, recommended by consensus to the Council that if a request for the vacation of the northerly 17 feet of Kraft Drive SE is received, it should receive the Council’s support. In fact, it was noted that it might be wise to vacate the northerly 17 feet of Kraft Drive SE all the way from the east property line of SPIRITZ Liquors to 5th Avenue SE. This would result in a consistent road right-of-way along Kraft Drive SE from 2nd Avenue SE to 5th Avenue SE and would create a uniform property line along the north side of Kraft Drive SE for this area. Although no action by the Council is required at this time, if any concerns are immediately evident, it would be beneficial if they would be noted. The Council was in support of the vacation of the northerly 17 feet of Kraft Drive SE all the way from the east property line of SPIRITZ Liquors to 5th Avenue SE.
Mayor Vogel commented that at MADA’s March 26 meeting, an inquiry was made regarding whether the renewal of the license for Rose Park/Melrose Community LLC Mobile Home Park by Stearns County could be withheld because of the delinquent property taxes which are due on that mobile home park. It was the response of Stearns County that the renewal of a mobile home park’s license and the payment of the property taxes due and/or outstanding on that particular mobile home park are separate issues and, therefore, the license renewal is not dependent or conditional on the payment of the delinquent property taxes. However, based on staff’s initial conversations with the League of Minnesota Cities and follow up discussions with City Attorney Scott Dymoke, it has been determined that based on Minnesota Statute 462.353, subd. 5 and the Melrose City Code Zoning Ordinance Section 1303.01(8), the City may refuse to issue a permit to move a mobile home into Rose Park, or any mobile home park within the City, if the property taxes are delinquent. By a non-unanimous motion, MADA took action recommending to the Council that all moving permits pending or to be presented for the moving of a structure including a mobile home into the City be denied, as allowed by state statute and the City’s Zoning Ordinance, pending payment of any and all delinquent property taxes if such delinquencies exist at the time of the presentment of the moving permit application.
A motion was made by Ms. Mayers, seconded by Mr. Finken and unanimously carried denying all moving permits, including those for mobile homes and the one which is pending, if the property within the City to which such structures are to be moved are subject to delinquent taxes.
Mayor Vogel reported that the Planning and Zoning Commission, acting as the Board of Adjustments and Appeals, held a Public Hearing on the request of Commercial Contractors Company of Melrose Inc. (CCC) for a Variance from the rear yard setback requirements stipulated by Section 400. District Lot Regulations of the City’s Zoning Ordinance, as amended, as adopted by City Code Chapter 153. The Variance is being requested to accommodate the proposed expansion of the existing CCC manufacturing and fabricating facility. The proposed expansion measuring 46’ x 100’ and containing 4,600 square feet would be added to the rear/east side of the existing facility. The effect on the building site of the proposed addition to the east side of the existing manufacturing and fabricating facility would be an encroachment of not more than 20 feet into the rear yard setback of 25 feet prescribed by the Zoning Ordinance for this I, Industry industrial district. If approved, this Variance request would result in an actual rear yard setback of five feet versus the prescribed 25 feet.
The property for which the Variance is being requested is located at 618 Central Avenue S, Melrose. It is Parcel 66.36884.0011 and is legally described as Lot 1, Block 2, Hagberg Addition, Melrose, Stearns County, Minnesota. The Application for Consideration of the Planning Request submitted by CCC provides information regarding the request for the Variance. The Planning Report addresses the background, basis for and details of that Variance request.
At the Public Hearing, Director Walz presented the required Affidavit of Publication of the Hearing Notice which was published, the Affidavit of Posting of Notice of Hearing which was posted on March 16, and the Affidavit of Mailing of the Public Hearing Notices to the Affected Property Owners within 100 feet of the subject property which were mailed on March 23.
Jeremy Kraemer, President of Commercial Contractors Company of Melrose Inc., was on hand to present the Variance request and address any questions. During the discussion, Mr. Kraemer noted that the development parcel is subject to a private access easement adjacent to its southern property line in favor of Randolph and Judy Servatius, who own the adjoining parcel to the east. Mr. Kraemer stated that if necessary the access easement may be relocated to the northern part of his property proposed for the expansion.
During its discussion of the request, the Commission again noted, as had been done previously, that in 2011, the Minnesota State Legislature modified the Variance statute as a result of a very strict interpretation of the statute by the State Supreme Court in 2010. The new law changed the municipal variance standard from “undue hardship” to “practical difficulties”. The statute retains the three-factor test: 1) reasonableness; 2) essential character; and 3) uniqueness.
Also added were that “variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the Comprehensive Plan”. Finally, the statute modifications allow the imposition of conditions on the granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance.
It was noted that in evaluating a variance request, the Commission should adopt findings of fact that address the following: Is the request reasonable?
• Will the variance, if granted, alter the essential character of the locality by being out-of-scale, out-of-place, or otherwise inconsistent?
• Are there unique circumstances to the property not created by the landowner?
• Is the variance in harmony with the purpose and intent of the ordinance?
• Is the variance consistent with the Comprehensive Plan?
Following its review of the Planning Report, the related information and documents associated with the Variance request, and noting that there was no public input received at the Public Hearing, the Commission, acting as the Board of Adjustments and Appeals, took action making recommendation to the Council that it approve the request of Commercial Contractors Company of Melrose, Inc. for a Variance from the rear yard setback requirements stipulated in the City’s Ordinance as adopted by City Code Chapter 153. The Commission’s recommendation was based on the Findings of Fact. The Council to consider taking action on the Commission’s recommendation to approve the Variance request of Commercial Contractors Company of Melrose, Inc. and to either use the Findings of Fact adopted by the Commission or modify them to its liking. A motion was made by Mr. Finken, seconded by Mr. Christenson and unanimously carried approving the Variance request Commercial Contractors Company of Melrose, Inc. using the Finding of Fact adopted by the Commission.
The following informational items were discussed:
a. The following is a list of upcoming schools and conferences: 1) MMCI Year 1 – April 23-27 in Minneapolis. Registration fee: $60 after applying the $250 scholarship plus $100 MCFOA certificate. Attending: City Administrator Brethorst.
2) GFS Budget Training (Government Financial Service Budget Training thru ACS) Webinar – April 4. Registration fee: $200 per session. Attending: Accountant Christy Berscheit and City Administrator Brethorst.
3) Minnesota State Fire/EMS/Rescue School – March 31-April 1 in Rochester. Registration fee: $100 per person. Attending: Melrose Volunteer Fire Department members Troy Tomford and Leon Feldewerd.
b. The initial 2012 tax capacity rate information received from Stearns County which shows a rate of 65.702% for the 2012 taxes payable. The tax rate for 2011 was 60.800%, therefore, there is an increase of 4.902%.
c. Melrose will be hosting the Middle Sauk River Water Festival this year. The festival will be held in the Sauk River Park on Thursday, May 17, 2012. Staff from all departments will help as needed with set up/take down and presenting.
d. Planning and Zoning Commission’s February 23 Special Meeting minutes and the March 1 Regular Meeting minutes.
e. MADA/COC’s February 27 Regular Meeting minutes and the March 26 Regular Meeting minutes.
f. Public Utilities Commission’s March 12 Regular Meeting minutes and the March 28 Special Meeting minutes.
g. The snowplow truck was delivered to the City on April 10, 2012.
h. Building Permit Summary Log for First Quarter 2012. The total number/value of building permits issued in the first quarter for the past five years were:
2012 2011 2010 2009 2008
23 17 7 18 19
$215,560 $138,527 $86,100 $8,657,700 $3,723,256
* Note: Prior to 2009, building permit totals included permits issued for demolition, moving, zoning and signs. These are no longer included because these activities are not subject to the Building Code nor does Building Official Dan Marthaler generally get involved in them.
A motion was made by Mr. Finken, seconded by Ms. Mayers and unanimously carried that the meeting be adjourned at 9:10 p.m.
Patricia Haase, City Clerk