City Council Meeting – Tuesday, December 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, December 20, 2016, at 5:00 p.m.

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

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

A motion was made by Council Member Van Hee 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 December 6, 2016, Regular City Council Meeting minutes as presented.  Motion carried by unanimous vote.

A motion was made by Council Member Smith and seconded by Council Member Sandgren unanimously approving the following item on the Consent Agenda:

1.       2017 Business License Renewal Applications.

On Sale 3.2 Malt Liquor:

Four Seas Redwood, Inc. d.b.a. Four Seas Asian Restaurant

Redwood Speedway, LLC.

Wine:

Four Seas Redwood, Inc. d.b.a. Four Seas Asian Restaurant

2.       Declare Physical Therapy Equipment as Surplus Property.

Mayor Corey Theis opened a public hearing at 5:03 p.m.

City Attorney Amy Busse stated the Redwood Falls Police Department conducted an alcohol compliance check on Bridge Street Cuisine, Inc. d.b.a. Country Kitchen on August 16, 2016.  An underage individual cooperating with the Redwood Falls Police Department was able to illegally purchase alcohol at the establishment. 

Ms. Busse stated staff recommends, for the violation for selling alcohol to a minor, that the liquor license for Country Kitchen be suspended for a period of seven (7) days, but that the suspension be stayed on the condition that the County Kitchen complete the following: (1) no alcohol sales violations for a period of 2 years; (2) pay a $110 administrative penalty to the City of Redwood Falls to offset the cost of compliance inspections and license enforcement; and (3) that the license holder show proof to the City Attorney or City staff that Country Kitchen staff and/or management attended an alcohol-sales continuing education course and communicated the information to the staff.

No one was present on County Kitchen’s behalf.

Mayor Theis closed the public hearing at 5:05 p.m.

Motion was made by Council Member Sandgren and seconded by Council Member Smith to suspended County Kitchen’s liquor license for a period of seven (7) days, but that the suspension be stayed on the condition the establishment complete the following: (1) no alcohol sales violations for a period of 2 years; (2) pay a $110 administrative penalty to the City; and (3) that the license holder show proof to the City Attorney or City staff that their staff and/or management attended an alcohol-sales continuing education course and communicated the information to the staff.  Motion carried by unanimous vote.

Mayor Corey Theis opened a public hearing at 5:07 p.m.

City Attorney Amy Busse stated the Redwood Falls Police Department conducted an alcohol compliance check on Tersteegs on August 16, 2016.  An underage individual cooperating with the Redwood Falls Police Department was able to illegally purchase alcohol at the establishment. 

Ms. Busse stated staff recommends that Tersteegs pay a $110 administrative penalty to the City of Redwood Falls to offset the cost of compliance inspections and license enforcement.  Tersteegs no longer intends on selling alcoholic beverages, therefore has not renewed its alcohol license for 2017.

Ms. Busse stated she was contacted by Connie Lechner, on behalf of Tersteegs stating they will not be appearing at the meeting tonight but will be sending a check to pay the administrative penalty.

Mayor Theis closed the public hearing at 5:08 p.m.

Motion was made by Council Member Smith and seconded by Council Member Van Hee that Tersteegs pay a $110 administrative penalty to the City.  Motion carried by unanimous vote.

City Administrator Keith Muetzel discussed a conditional use permit application for the property located at 1317 East Bridge Street.

Paul Swoboda, the property owner of 1317 East Bridge Street and Chris Schablin were present.

Mr. Muetzel stated the City received an application from Paul Swoboda in connection with Chris Schablin d.b.a. Southwest Auto and RV for a conditional use in order to operate a used car and RV dealership in an I-1 District.  To open this dealership, Mr. Schablin needs a form from the MN Department of Public Safety – Driver and Vehicle services to be signed by the City, stating that this dealership is either (A) a permitted use in this zoning district; or (B) permitted though a conditional use in this zoning district.

Mr. Muetzel stated it is in the best interest of the applicant to go through the process of obtaining a conditional use permit.  Staff feels there is enough justification to approve the request due to the proximity of similar uses. 

Mr. Muetzel stated the Planning Commission recommends approval of this request with the following conditions:

1.       The outdoor sales shall not reduce the required number of parking stalls for the business(s).

2.       Permits are required for any additional signage that is added to the property.

3.       No inoperable vehicles may be stored outside a building unless fully screened from the right-of-way and any adjacent property.

4.       No repairs to vehicles may be done unless in an enclosed building.

5.       No vehicles or vehicle parts may be stored in a public right-of-way.

6.       All vehicles are required to be parked on an impervious surface.  For the purposes of this condition, gravel or granite fines are considered an impervious surface.

A motion was made by Council Member Buckley and seconded by Council Member DeBlieck approving the Planning Commission’s recommendation to approve Paul Swoboda’s conditional use permit in connection with Chris Schablin d.b.a. Southwest Auto and RV conditional use permit contingent upon the recommended conditions stated above.  Motion was carried by unanimous vote.

City Administrator Keith Muetzel discussed a variance request submitted by Ron Wertish.

Ron Wertish was present.

Mr. Muetzel stated the request is to reduce the front yard setback from 25’ to 19’ to construct a 6’ porch overhang on the front of the building located at 611 South Halvorson Street.

Mr. Muetzel stated Mr. Wertish is converting the former commercial business into a residential building.  The building currently has a non-conforming enclosed entryway on the front that encroaches into the setback by 3’.  The applicant is proposing to remove the entryway and construct a 6’ covered stoop.  The Planning Commission agreed with Mr. Wertish’s practical difficulty assessment and recommends approval.

A motion was made by Council Member Sandgren and seconded by Council Member Van Hee approving Ron Wertish’s variance request to reduce the front yard setback from 25’ to 19’ to construct a 6’ porch overhang on the front of the building located at 611 South Halvorson Street.

Director of Finance & Administrative Services Missi Meyer discussed the proposed revision to the Procurement Policy 27 – Financial Management Policies.

Ms. Meyer stated the updated Procurement Policy 27 – Financial Management Policies is being presented to replace the 2014 version due to the need for additional guidelines related to purchases with federal dollars.

A motion was made by Council Member Buckley and seconded by Council Member Smith approving the revised Policy 27 – Financial Management Policies.  Motion was carried by unanimous vote.

Police Chief Mark Dressen discussed the Towing and Storage Services Agreement with Nelson Salvage and Towing.

Chief Dressen stated Nelson Salvage and Towing will furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of the agreement.

A motion was made by Council Member DeBlieck and seconded by Council Member Sandgren approving the Agreement for Towing and Storage Services with Nelson Salvage and Towing, Inc.  Motion was carried by unanimous vote.

City Administrator Keith Muetzel presented Ordinance No. 55, Fourth Series – An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the City of Redwood Falls.

Mr. Muetzel stated as a part of the Supplement Service Plan with American Legal Publishing Corporation for our Codification Services Agreement, we received the Seventh Supplement to the Code of Ordinances.  The ordinances that were passed by Council this past year along with other amendments are now incorporated into the code and ready for Council adoption.

A motion was made by Council Member Smith and seconded by Council Member Buckley to waive the reading of Ordinance No. 55, Fourth Series – An Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the City of Redwood Falls.  Motion passed by the following roll call vote.

AYE:   Council Members Sandgren, Smith, Van Hee, Buckley and DeBlieck

NO:      No One

The proposed ordinance will be presented for final discussion and passage at the next Council meeting on January 3, 2017.

City Administrator Keith Muetzel discussed the Redwood Falls Public Employees Association (RFPEA) contract renewal.

Mr. Muetzel stated staff met with the RFPEA bargaining committee to negotiate the renewal of their contract.  The existing RFPEA contract covers full-time employees in the street, water and liquor departments.  During the negotiating process, the bargaining committee reviewed several salary comparisons and came to the conclusion that salaries for three employee groups are lagging in the market for similar positions. 

A motion was made by Council Member Smith and seconded by Council Member Van Hee to approve the proposed RFPEA contract renewal for 2017 and 2018.  Motion was carried my unanimous vote.

Mayor Theis called a recess of the Regular City Council meeting at 5:38 p.m.

Mayor Theis called the Regular City Council meeting to order at 6:00 p.m.

At 6:00 p.m., Director of Finance & Administrative Services Missi Meyer presented an overview of the proposed tax levy and 2017 budgets.

Ms. Meyer stated the 2017 net levy proposed for certification is $2,503,739, which represents a 6.13% increase over 2016, of which 1.13% is attributed to economic development tax abatements, resulting in a net levy increase of 5.00%.

A motion was made by Council Member Van Hee and seconded by Council Member Smith to waive the reading of Resolution No. 74 of 2016 – Resolution Levying Ad Valorem Taxes for the Year 2017 for the City of Redwood Falls.  Motion was carried by unanimous vote.

A motion was made by Council Member Buckley and seconded by Council Member Van Hee approving Resolution No. 74 of 2016 – Resolution Levying Ad Valorem Taxes for the Year 2017 for the City of Redwood Falls.  Motion was carried by unanimous vote.

A motion was made by Council Member Buckley and seconded by Council Member Smith to waive the reading of Resolution No. 75 of 2016 – Resolution Approving 2017 Payments in Lieu of Taxes.  Motion was carried by unanimous vote.

A motion was made by Council Member Smith and seconded by Council Member Van Hee approving Resolution No. 75 of 2016 – Resolution Approving 2017 Payments in Lieu of Taxes.  Motion was carried by unanimous vote.

A motion was made by Council Member Buckley and seconded by Council Member Smith to waive the reading of Resolution No. 76 of 2016 – Resolution Approving 2017 Final Budgets.  Motion was carried by unanimous vote.

A motion was made by Council Member Smith and seconded by Council Member Buckley approving Resolution No. 76 of 2016 – Resolution Approving 2017 Final Budgets.  Motion was carried by unanimous vote.

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 Van Hee and seconded by Council Member DeBlieck to adjourn the meeting at 6:32 p.m.  Motion was carried by unanimous vote.

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