City Council Meeting – Tuesday, September 20, 2016

Pursuant to due call and notice thereof, a regular meeting of the Redwood Falls City Council was called to order in the Municipal Chambers on Tuesday, September 20, 2016, at 5:01 p.m.

Roll call indicated Mayor Corey Theis, Council Members Jim Sandgren, Matt Smith, John Buckley and Paul DeBlieck were present, constituting a quorum.  Council Member Bob Van Hee was absent.

Also present were City Administrator Keith Muetzel, City Attorney Amy Busse, Public Works Project Coordinator Jim Doering and Council Secretary Amy Kerkhoff.  Director of Finance & Administrative Services Missi Meyer was absent.

A motion was made by Council Member Smith and seconded by Council Member Buckley approving the agenda as presented.  Motion was carried by unanimous vote.

A motion was made by Council Member DeBlieck and seconded by Council Member Smith approving the September 6, 2016, Regular City Council Meeting minutes as presented.  Motion was carried by unanimous vote.

Mayor Corey Theis opened a public hearing at 5:02 p.m. to discuss the annexation of land in Honner Township.

No one was present to voice any concerns.

Mayor Theis closed the public hearing at 5:04 p.m.

City Attorney Amy Busse presented Ordinance No. 52, Fourth Series – An Ordinance of the City of Redwood Falls, Minnesota Annexing Land Located in Honner Township, Redwood County, Minnesota Pursuant to Minnesota Statutes § 414.033 Subdivision 2(3), Permitting Annexation by Ordinance.

Ms. Busse stated Debra Wertish filed a petition to annex approximately 1.806 acres of real property from Honner Township.  The property currently abuts the City boundary.  The petitioner is requesting to be annexed into the City in order to be connected to City water and sewer services.  All proper formal notices have been published, all contiguous land owners were properly served notice of the public hearing, and all statutory requirements to consider the request have been met thus far.

Ms. Busse stated Honner Township has been notified of the annexation petition and has indicated it will not oppose the annexation.

A motion was made by Council Member Sandgren and seconded by Council Member Buckley to waive the reading of Ordinance No. 52, Fourth Series – An Ordinance of the City of Redwood Falls, Minnesota Annexing Land Located in Honner Township, Redwood County, Minnesota Pursuant to Minnesota Statutes § 414.033 Subdivision 2(3), Permitting Annexation by Ordinance.  Motion was carried by unanimous vote.

The proposed ordinance will be presented for final discussion and passage at the next Council Meeting.

Park and Recreation Director Jackie Edwards was present to discuss a proposal for the installation of a security camera system at the RACC and fieldhouse.

Ms. Edwards stated there are currently two separate camera systems with one observing the fieldhouse and the second viewing the RACC.  The existing DVR system is not working correctly causing problems retrieving data, which requires staff to spend hours exporting data for law enforcement.

Ms. Edwards stated staff met with three vendors to discuss the security camera needs for the RACC and fieldhouse.  Each vender was given the option to tour the facility and submit a proposal.  The only vendor that responded was Alpha Wireless.

Ms. Edwards stated staff is recommending approval of the Alpha Wireless proposal in the amount of $61,285.   The proposed funding sources include the Construction Budget Contingency of $50,000, a SWIF Grant of $5,000 and the balance of $6,285 to be taken from the excess funds of the construction budget.

A motion was made by Council Member Buckley and seconded by Council Member DeBlieck approving the Alpha Wireless proposal in the amount of $61,285 for the installation of 23 cameras and a server for the RACC and fieldhouse.  Motion was carried by unanimous vote.

City Attorney Amy Busse presented Ordinance No. 53, Fourth Series – An Ordinance Opting-Out of the Requirements of the Minnesota Statutes, Section § 462.3593 for Temporary Family Health Care Dwellings.

Ms. Busse stated this spring, the Legislature passed, and Governor Dayton signed, a law purporting to require municipalities to allow “Temporary Family Health Care Dwellings” under Minnesota Statute Section § 462.3593.  The new law allows landowners to place residential dwellings on their property to serve as transitional housing for family members with mental or physical impairments that need short term care so long as various requirements can be met through an application process.  There are several concerns for communities related to these temporary structures and many communities have decided to opt-out which is allowed pursuant to Minnesota Statutes § 462.3593, subdivision 9.  As for the City, the main concern is that Minnesota Statutes § 462.3593 is not consistent with City zoning ordinances and the enforcement and regulation of these structures would place an unreasonable burden on staff.

Ms. Busse stated emergency vehicle access must be provided to these structures.  In most residential lots, this would require units to be located in the front yard near the street.   However, these structures would be classified as “accessory structures” and under Zoning Ordinance 7.18 (A)(C)(2), which states accessory structures are not allowed in the front or corner side yard.

Ms. Busse stated per the new law, structures cannot exceed 300 gross square feet and cannot be attached to a permanent structure or be placed on a foundation.  However, Zoning Ordinance 7.17 (A)(11), requires any accessory structure greater than 200 square feet be placed on a permanent foundation.

Ms. Busse stated under the new law, cities are responsible for permitting and inspecting these dwellings.  Cities are allowed 15-days to review and issue a permit and cannot hold a public hearing regarding the application.  Under Zoning Ordinance 3.10 (G), the City is allowed 60-days to review and rule on the application, with an option to extend the review period to 120-days.  The 15-day time limit appears to be an unreasonable amount of time to process an application for the structure.  The application for these structures must include: written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the applicant with the mental or physical impairment needs assistance preforming two or more “instrumental activities of daily life”, an executed contract for septic sewer management or other proof of adequate septic sewer management, an affidavit that the applicant provided notice to adjacent property owners and residents, a general site map showing the location of the structure and other structures on the lot, and comply with all the setbacks and maximum floor area requirements per city zoning ordinances.  These dwellings are only allowed on properties for up to six-months with a onetime request for another six-month extension.  Staff has concerns about the demand on time for monitoring these units for compliance every six-months and how the City would handle a situation of noncompliance.  Staff recommends “Opting-out” of the requirements of Minnesota Statutes § 462.3593.

A motion was made by Council Member Buckley and seconded by Council Member DeBlieck to waive the reading of Ordinance No. 53, Fourth Series – An Ordinance Opting-Out of the Requirements of the Minnesota Statutes, Section § 462.3593 for Temporary Family Health Care Dwellings.  Motion carried by unanimous vote.

The proposed ordinance will be presented for final discussion and passage at the next Council Meeting.

Bill and Claims were presented to the Council for informational purposes.  No questions, comments or concerns were raised.

There being no further business, a motion was made by Council Member Sandgren and seconded by Council Member Smith to adjourn the meeting at 5:25 p.m.  Motion was carried by unanimous vote.

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